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HomeMy WebLinkAbout04-02-1997 CITY COUNCIL staff reportsI It EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL 2'56 MEETING DATE: APRIL 2, 1997 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM 5 CITY MGR.: DEF T . HEAD: SUBJECT: Minor Drainage Improvements Project Final Acceptance and Notice of Completion Recommended Motion(s): .01 Move to accept the project as complete and authorize staff to record the Notice of Completion for the construction contract. Report Summary: All work on the Minor Drainage Improvements Project has been completed by the City's contractor, Ed Boyan Construction Co., and inspected by Public Works staff. The final construction contract amount was $47,159.81, which is 19% above the awarded contract amount of $39,625. The increased cost was due to additional drainage improvements needed on Valley Vista Drive and Sullivan Way. 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 period for the filing of claims by subcontractors or material providers may commence. Fiscal Imoacts: The ten percent retention withheld from previous payments to the contractor will be released 30 days after recordation of the Notice of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds to cover the entire cost of the construction contract. r Follow Up Actions: Staff will record the Notice of Completion for the construction contract and release the contract sureties and retention thirty days thereafter. Consequences of Not Acting on the Recommended Motions: 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. Advertising, Noticing and Public Contact: Nothing additional. Attachments: 1. Contract Summary. 2. Notice of Completion. Recording requested by, and to be returned to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed to be 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 2nd day of April, 1997. Contract Number: N/A Contract Date: October 2, 1996 Contractor's Name: Ed Boyan Construction Co. Contractor's Address: 4311 Reedland Circle, San Ramon, CA 94583 Description of Work: Minor Drainage Improvements This 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 information or belief, and as to those matters that 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 , 19 CITY OF SARATOGA BY: Larry I. Perlin ATTEST: Director of Public Works Larry I. Perlin, City Clerk Gov. Code 40814 CONTRACT SUMMARY PROJECT: Minor Drainage Improvements CONTRACTOR: Ed Boyan Construction Co. CONTRACT DATE: 10/02/96 CONTRACT COMPLETION DATE: 04/02/97 ORIGINAL CONTRACT AMOUNT: $39,625.00 CHANGE ORDER AMOUNT: $7,534.81 FINAL CONTRACT AMOUNT: $47,159.81 PERCENT +/- FROM ORIGINAL CONTRACT AMOUNT: +19% SARATOGA CITY COUNCIL 4 8 EXECUTIVE SUMMARY NO. z S AGENDA ITEM MEETING DATE: April 2, 1997 CITY MGR. ORIGINATING DEPT. Jennifer Britton, Assistant to the City Manager SUBJECT: Conceptual Approval of a Joint Powers Authority for the West Valley Cities Solid Waste Management Program Recommended Motion(s): That the City Council: 1) Indicate conceptual approval of a West Valley Solid Waste Joint Powers Agency. 2) Direct staff to prepare a draft Joint Exercise of Powers Agreement for Council consideration. Report Summary: The west valley cities of Campbell, Los Gatos, Monte Sereno and Saratoga have worked cooperatively for many years to manage and monitor solid waste services in our communities. This relationship was formalized in 1983 when each of the cities entered into identical 20 year franchise agreements with Green Valley Disposal Company for collection and disposal of solid waste. In October of 1990, the four west valley cities entered into a cooperative agreement to administer the solid waste management program for all of the cities, including hiring of professional staff and cost sharing to support the program activities. The cooperative agreement relationship has performed well since 1990 in several joint solid waste program activities. The Solid Waste Program Manager, hired in February of 1991, brought technical expertise and a background in solid waste management that allowed the cities to aggressively respond to AB 939 legislative requirements. The Program Manager prepared all of the contract documents for the recently implemented expanded recycling and yard waste contracts. Because of the success of these contracts, the west valley cities have exceeded the AB 939 requirements for the year 1995 and are well on the way to meeting the requirements for the year 2000. Additionally, the Program Manager's oversight of Green Valley Disposal Company's and Guadalupe Disposal Company's operations was a key factor in causing the Rate Review Committee to focus on concerns regarding tipping fee survey irregu] base rate determinations in the most recent As a result of this increased focus, substantial reductions to the rate increase both Guadalupe Rubbish Disposal Company and Company. arities and collection rate setting process. the RRC recommended requests submitted by Green Valley Disposal The cooperative agreement relationship has been less successful in providing cohesive and consistent responses to both the landfill company and the collection company as they seek to resolve more complex operational and cost issues with each of the cities. In order to create a more uniform and expeditious decision - making mechanism, staff from the four west valley cities have agreed to recommend to each of their City Councils that an alternative Joint Powers Agency be created for the coordination of the Solid Waste Management Program. This type of agency has been used successfully in many areas for administration of cooperative solid waste collection and disposal programs. Although there are alternative organizational structures for JPAs in use, the most common model includes a Board of Directors comprised of elected officials from all represented agencies, an Executive Director with support staff, a policy advisory committee made up of senior staff from each agency and /or a technical advisory committee from each agency's technical staff. The creation of a West Valley JPA for solid waste services could provide the following advantages: 1) A methodology could be developed and implemented for determination of the allocation of annual solid waste collection costs to the four cities. This could assign to each city an appropriate share of the collection rate base expenses to be included in their annual rate review process. 2) Each city could retain the ability to set appropriate rates for all sectors in their community that would produce the required revenues, while still reflecting local cost allocation choices. 3) A JPA could become the contracting agency for all solid waste activities in the west valley, thereby avoiding substantial duplication of effort by City Councils, staff and legal counsel. In the future, a single Request for Proposals could be prepared to solicit competitive bids for solid waste collection, recycling or disposal services, and contract terms could be negotiated on behalf of all of the cities. Legal exposure to future lawsuits could be focused in one place. 4) The JPA could become the umbrella agency employing the Executive Director and support staff through a contractual relationship with one of the JPA member cities. With respect to the actions of other cities in the West Valley 'M Alternate Landfill Disposal Site Page 3 program, the Town of Los Gatos approved the concept at their February 27 meeting and the City of Monte Sereno also approved the concept at their March 4 meeting. The City of Campbell is scheduled to hear this item April 1 and staff will provide an oral report as to the status of their action when this staff report is presented to the Saratoga City Council. Fiscal Impacts• No direct fiscal impact at this time. Advertising Noticing and Public Contact: Posting of the Agenda. Consequences of Not Acting on the Recommended Motions: Not granting conceptual approval to a West Valley Solid Waste Joint Powers Agency would limit the west valley cities opportunities to streamline and consolidate direction and oversight of solid waste programs, and to reduce duplicative administrative costs. Follow Up Actions: Staff will forward Council's initial input from this discussion to the Rate Review Committee, the City Managers and the legal counsel for the program (Mike Riback). Following all four cities' actions, a draft JPA will be prepared by legal counsel for formal consideration by the Council within the next few Council meetings. O: \britton \jpnrtc SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z FG q MEETING DATE: APRIL 2, 1997 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: DEPT. HEAD: SUBJECT: Final Map Approval for Tract No. 8917 (12 lots at Saratoga Avenue & Kosich Drive), Owner: Greater Bay Saratoga Homes LLC Recommended Motion(s): 1. Move to adopt Resolution No. SD 96 -007 granting final map approval of Tentative Map Application No. SD 96 -007 for twelve lots at Saratoga Avenue & Kosich Drive. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. 3. Move to authorize the City Manager to execute the agreement waiving the right of the property owner to protest annexation into an assessment district for the purposes of undergrounding existing utility lines serving the properties. Report Summary: Attached is Resolution No. SD 96 -007 which, if adopted, will grant final map approval for twelve lots located at Saratoga Avenue & Kosich Drive. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 96 -007, have been completed or will be completed concurrent with development of the twelve lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have f iled the f inal map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $27,421.88 in Engineering Fees and $73,440 in Park Development Fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Resolution No. SD 96 -007 granting final map approval. 3. Subdivision Improvement Agreement. 4. Agreement waiving right to protest annexation into an assessment district for the purposes of undergrounding existing utility lines serving the properties. 5. Planning Commission Resolution No. SD 96 -007 approving the tentative map with conditions. I C REPORT TO THE PLANNING COMMISSION `Application No. /Location: SD-96-007; Saratoga Ave. Applicant /Owner: WESTFALL ENGINEERS, INC. Staff Planner: James Walgren, AICP Date: September 25, 1996 APN: 386 -23 -041, 042 & 043 Director Approval: K)Aj CT i cT RD PROSPECT HM SCHOOL _ _ J ag ---------- EhboW r T / `- ••'^ � � ra" � / ` � � \ � `� fir, ,✓/`� � •` rLAIIN pt \ e 'emu tm t FW is RESOLUTION NO. SD 96 -007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 96 -007 SARATOGA AVENUE & KOSICH DRIVE (GREATER BAY SARATOGA HOMES LLC) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 - 12 as shown on that certain map of Tract No. 8917, prepared by Westfall Engineers, Inc. dated November, 1996, and filed with the City Clerk of the City of Saratoga on April 2, 1997, are approved as TWELVE (12) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of , 19 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk Mayor RECORDING REQUESTED BY: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 CITY OF SARATOGA, CALIFORNIA Application No. SD 96 -007 Owner: Kosich Construction CO a partnership Address: Saratoga Avenue at Kosich Drive APN: 386 -23- 041.386 -23 -042 & 386 -23 -059 Agreement Of Waiver of Right To Protest Future Annexation Into And /Or Formation Of An Assessment District - In Consideration of Certain Development Approval This is an agreement between the City of Saratoga (City) and Kosich Construction CO., a partnership (Owner) relating to Owner's waiver of right to protest future annexation. Whereas, City has approved Application No. SD 96 -007 for development on Owner's real property, more particularly described in Exhibit "A ", attached hereto and incorporated herein, and Whereas, condition no. 25 of said development approval requires that Owner of the subject property shall enter into an agreement with the City waiving the right of Owner and any successors in interest of Owner to protest the formation of an 273 \AGREE \Formaton.anx March 27, 1997 1 assessment district, special taxing district, or other financing mechanism for the purposes of undergrounding existing utility lines serving the properties: and /or the annexation of the subject property into such a district or mechanism. Now, therefore, the parties agree as follows: 1. This agreement is executed concurrently with that certain development approval described as SD 96 -007, dated 19_, between City and Owner relating to the making of improvements on Owner's real property described in Exhibit "A" and commonly referred to as Saratoga Avenue at Kosich Drive, APN 386 -23- 041,386 -23 -042, & 386 -23 -059. 2. In consideration for approval of said development application by City, Owner agrees to expressly waive any and all rights Owner may have in the future to protest any proposed annexation of the subject property into or formation of an assessment district, special taxing district or other financing mechanism for the purposes of undergrounding existing utility lines serving the properties. 3. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A ". All the terms, covenants and conditions herein imposed shall run with the land and be binding upon and inure to the benefit of the successors in interest of Owner. 273 \AGHEH \Pormatoa.aax March 27, 1997 2 IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF SARATOGA, a municipal corporation By: Attest: City Clerk (Seal) Approved as to form: City Attorney (Acknowledgments) STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) City Manager By: Owner On this day of , in the year , before me, Notary Public, personally appeared personally known to me to be the of the City of Saratoga and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that said City of Saratoga executed the same. Notary Public 773 \AGRRH \Formaton.anx March 27, 1997 3 I H H H x W 9� *c'S r` ot��`'�c,►v� tY P.M. 625 -M -32,33 --- RADOYKA -- \J TRACT N° 5631 BROOKSIDE COURT —_ DRIVE -- -- ,,,� u�os i02..o 1 s...• 60 6/ 62 �+.• 44 I I 2 "I 3 R 4 3 w 0.23 AC. 0.23 AC. i 0.23 AC. 1 # — � �toy.� _ _ -- U22- 12a.:o i l — J_ 1 2.18 AC. N/ 3 6 18 � 45 yam, 50 S, i 'ac. Are.. 2 '� LOLLY DR. .•.2.0 (•Oi.nl LOD.70) 1.15 A- 1.70 AC 42 4/ I I PTN 21 0 - — SARATOGA SOROSIS FARM II 0.41AC. PTN 39 P.M.581 -M -19 ��— 2as..ti m Ot: O�� 13 h 2q 1lfN- 55 12 0 .a n is ..I 2d r • � z — 10 Q ?iT - -- (n % o 52 ,6 9 4 si 8 1.88 AC. I SB /* I I b o• isoi I us... • PTN - gp M.581•M•19 -K -2" — AVENUE Q 3 cn cn w a X w w U z w X 3 Q J B 0 O K 386 23 I' - 100' w RESOLUTION NO. SD -96 -007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING TENTATIVE SUBDIVISION MAP Westfall Engineers, Inc. Saratoga Ave. south of Lawrence Expressway WHEREAS, application has been made to the Advisory Acency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Subdivision Map approval to subdivide three existing parcels into 12 single family residential parcels, all as more particularly set forth in File No. SD -96 -007 of this City; and WHEREAS, an Environmental Initial Study has been prepared for this project which concludes that the net increase of nine new single family homes on this property will not cause any significant and /or unavoidable impacts on the environment and a Negative Declaration was adopted by the Planning Commission for the project at the September 25, 1996 public hearing; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and w4 th all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated September 25, 1996 being hereby made for further particulars; and WHEREAS, none of the conditions set forth in Government Cede Sections 66474 (a) - (g) and 66474.6 exist with respect to said subdivision, and tentative approval should be granted in acc:rd with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted duly notized public hearings at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the Tentative Subdivision Map for the hereinafter described subdivision, which map is dazed Received: September 13, 1996 and marked Exhibit "A" in the herein - above referred file, be and the same is hereby ccnditiora_ly approved. The conditions of said approval are as follows: Community Development Acknowledged. 1. Future development on all lots shall require Design Review approval. Building setbacks shall be per the then current Zoning Ordinance requirements. Future homes shall be sized and designed to minimize the amount of pad grading necessary and the removal of significant existing native trees. File No. SD -96 -007; WESTFALL ENGINEERS, INC. Acknowledged. 2 • Landscape plans shall be required for each new home applica- tion. These plans will need to incorporate a reasonable number of native trees to vegetate the property. Acknowledged. 3. Design review approval shall only be granted upon finding that the proposed structures are compatible in terms of scale and design with the existing adjacent residences, that they are in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Acknowledged. 4. Lots #1, 2, 3, 9, 11, and 12 shall be limited to single story structures not to exceed 22 feet in height. These lots shall be identified on the Tentative Map marked Exhibit "A" prior to acceptance of the Final Map. This story /height restriction shall expire upon issuance of Final Inspection for each lot. Future additions and /or redevelopment shall be governed by then current Zoning Ordinance requirements. Acknowledged. 5 • No trees shall be removed without obtaining a tree removal permit, with the exception of those trees shown to be removed on the Tentative Subdivision Map marked Exhibit "A" to accommodate public improvements. Acknowledged. 6• Subdivision improvement construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils public safety. The Public Works Director may grant an exemption upon his /her determination of an emergency. No such construction work shall be permitted on legal holidays. Acknowledged. 7. All requirements for tree protection as recommended by the City Arborist shall apply throughout subdivision improvements construction. Landscaping Shown 8 • Subdivision improvement plans shall include the perimeter on plans and maintenance fence and landscaping along Saratoga Ave. per Exhibit "E". Prior to Final Map approval the applicants shall record some agreement signed. type of privately administered assessment provision against each of the twelve new lots to ensure that the perimeter landscaping is collectively maintained by the new home owners. Acknowledged. 9. All public and private improvements required for the project shall be completed and accepted for construction by the Director of Public Works, Planning Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to Final Inspec- tion of any permitted homes on any of the lots. 10. Completed. Prior to Final Map approval the applicants shall rename the northeast leg of Lolly Dr., and the newly extended cul -de -sac, to avoid confusion with the other Lolly Dr. to the north and Lolly Ct. to the southwest. File No. SD -96 -007; WESTFALL ENGINEERS, INC. Public Works Completed by Surveyor. 11. Prior to submittal of the Final Map to the City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Ci-.�il Engineer. The submitted map shall show the existence c= a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 12. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer or examination. The Final Map shall contain all of the info=,a- tion required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. Fees Paid. 13. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Bond Posted. 14. Interior monuments shall be set at each lot corner either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the C_ty Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 15. The owner (applicant) shall provide Irrevocable Offers of on Final Map. Dedication for all required easements and /or rights -of -way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. File No. SD -96 -007; WESTFALL ENGINEERS, INC. Plans submitted and 16. The owner (applicant) shall submit engineered improvement plans to the City Engineer in conformance with the approved approved. Tentative Map and in accordance with the design and improve- ment requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by :the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. a. A 1% iAch A.C. Overlay shall be placed on Lolly Dr. from Kosich Dr. to the new subdivision. b. The existing driveway entrance off Saratoga Ave. shall be removed and replaced with P.C.C. sidewalk, curb and gutter. Any existing sidewalk and /or curb and gutter in need of repair along the Saratoga Ave. frontage of the property, or the northwest leg of Lolly Dr., shall be replaced as directed by the Public Works department during the construction of the subdivision improvements. Fees Paid. 17. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the City Engineer, at the time Improvement Plans are submitted for review. Agreement signed. 18. The owner (applicant) shall enter into an Improvement Agree- ment with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All securities 19. provided. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to Final Map approval. Insurance provided. 20. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code, prior to Final Map approval. All utility commitments 21. Prior to Final Map approval, the owner (applicant) shall provided. furnish the City Engineer with satisfactory written commit- ments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. All permits obtained. 22. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivi- sion improvement construction. Copies of permits other than those issued by the City shall be provided to City Engineer. Fees paid. 23. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. File No. SD -96 -007; WESTFALL ENGINEERS, INC. Not required. 24. Subject to the determination of the City Engineer, and prior to approval of the Final Map the owner (applicant) shall be required to execute an agreement with the City waiving the rights of the owner or any successive owners of any of the lots created by the map to protest the annexation of,the lots into the City's Landscaping and Lighting Assessment District LLA -1 for purposes maintaining Saratoga Ave. landscaping. Agreement signed. 25. Subject to the determination of the Public Work's Director, prior to Final Map Approval, the owner (applicant) may be required to enter into an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or annexation into an assessment district for the purposes of undergrounding utility lines serving the properties. NOI f i led. 26. If applicable, the applicant shall file a Notice of Intent (NOV prior to Final Map approval with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. Acknowledged. 27. All building and construction related activities shall adhere to New Development and Construction - Best Management Practic- es as adopted by the City for the purpose of preventing storm water pollution. Utility and Public Safety Providers Acknowledged. 28 • Sanitary sewer service for all parcels shall be required per the requirements of the West Valley Sanitation District. Acknowledged. 29. Domestic water shall be supplied by San Jose Water Company. Acknowledged. 30. The owner (applicant) shall install additional fire hydrants as determined by the Saratoga Fire District. City Attorney Acknowledged. 31. Applicant agrees to hold City harmless from all costs and expenses incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. File No. SD -96 -007; WESTFALL ENGINEERS, INC. Acknowledged. 32. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section 1. Conditions must be completed within 24 months or approval will expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 25th day of September, 1996 by the following vote: AYES: Asfour, Kaplan, Murakami, Patrick, Pierce, Siegfried NOES: None ABSENT: Abshire z ;, 4E . 4 Chair, Planning Itommis6ion ATTEST: Secretary, Planni g Commission SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z 0�-, J MEETING DATE: APRIL 2, 1997 AGENDA ITEM _l ✓�I CITY MGR.: 0 ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Final Map Approval for Tract No. 8896 (15 lots at 15041 & 15072 Saratoga- Sunnyvale Road), Owner: Navico, Inc. Recommended Motion(s): 1. Move to adopt Resolution No. SD 95 -010 granting final map approval of Tentative Map Application No. SD 95 -010 for fifteen lots at 15041 & 15072 Saratoga- Sunnyvale Road. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. 3. Move to authorize the City Manager to execute the agreement waiving the right of the property owner to protest the annexation of the property into a future assessment district for the purpose of undergrounding overhead utility lines. Report Summary: Attached is Resolution No. SD 95 -010 which, if adopted, will grant final map approval for fifteen lots located at 15041 & 15072 Saratoga - Sunnyvale Road. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 95 -010, have been completed or will be completed concurrent with development of the fifteen lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $40,581.25 in Engineering Fees and $106,080 in Park Development Fees required for this subdivision. -F-001WOODWAY4 .�.. The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Site Map. 2. Resolution No. SD 95 -010 granting final map approval. 3. Subdivision Improvement Agreement. 4. Agreement waiving right of protest to be annexed into future underground utility district. 5. Planning Commission Resolution No. SD 95 -010 approving the tentative map with conditions. 6. Letter from subdivider dated March 20 requesting annexation into Landscaping & Lighting District LLA -1. is RESOLUTION NO. SD 95 -010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 95 -010 15041 & 15072 SARATOGA- SUNNYVALE ROAD (NAVICO, INC.) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 - 15 as shown on that certain map of Tract No. 8896, prepared by Westfall Engineers, Inc. dated September, 1996, and filed with the City Clerk of the City of Saratoga on April 2, 1997, are approved as FIFTEEN (15) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of 19 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk Mayor RECORDING REQUESTED BY: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 CITY OF SARATOGA, CALIFORNIA Application No. SD 95 -010 Owner: Navico Inc. Address: 15041 & 15072 Saratoga - Sunnyvale Road APN: 503 -21 -009 & 503 -21 -012 Agreement Of Waiver of Right To Protest Future Annexation Into And /Or Formation Of An Assessment District_- In Consideration of Certain Development Approval This is an agreement between the City of Saratoga (City) and Navico Inc. (Owner) relating to Owner's waiver of right to protest future annexation. Whereas, City has approved Application No. SD 95 -010 for development on Owner's real propert-Y, more particularly described in Exhibit "A ", attached hereto and incorporated herein, and Whereas, condition no. 25 of said development approval requireE that Owner of the subject property sha21 enter into an agreement with the City waiving the right of Owner and any successor: in interest of Owner to protest the formation of an 273 \AGREE \Forn:aton.anx March 12, 1997 1 assessment district, special taxing district, or other financing mechanism for the purposes of undergrounding existing utility lines serving the properties; and /or the annexation of the subject property into such a district or mechanism. Now, therefore, the parties agree as follows: 1. This agreement is executed concurrently with that certain development approval described as SD 95 -010, dated 19_, between City and Owner relating to the making of improvements on Owner's real property described in Exhibit "A" and commonly referred to as 15041 & 15072 Saratoga - Sunnyvale Road, APN: 503 -21 -009 & 503 -21 -012. 2. In consideration for approval of said development application by City, Owner agrees to expressly waive any and all rights Owner may have in the future to protest any proposed annexation of the subject property into or formation of an assessment district, special taxing district or other financing mechanism for the purposes of undergrounding existing utility lines serving the properties. 3. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A ". All the terms, covenants and condition..-; herein imposed shall run with the land and be binding upon and inure to the benefit of the successors in interest of Owner. 273 \AGREE \F.)rmatoa.aax March 12, 1997 2 IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF SARATOGA, a municipal corporation By: Attest: City Clerk (Seal) Approved as to form: City Attorney (Acknowledgments) STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) City Manager By: Owner On this day of , in the year , before me, , Notary Public, personally appeared per.:. -„sally known to me to be the Of ti:: -. City of Saratoga and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that said City of Saratoga executed the same. Notary Public 273 \AGREE \Formaton.anx March 12, 1997 3 OFFICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY CALIFORNIA 77 TRAC . I 'NI 5328 -:;;'C-RDE --VISTA ---LA E 10 0 Cfj _q 200 I C �:x 2 A 2 -W ft: N this 134.79 1 so Ito IQL. I Is rot a for int, survey Cf IbL, 514 A. NIT OtMation f and records by G from but d-t Olden Ca a 3 sl'01"n b co 393 fiforn Y Mij, official 12 Is Title company. WERRIMAif- --AVE-- 4 d of E-I S A R A T 0 G A UNION Ni- SCHOOL Z DISTRICT or S. C• COUNTY 11.17 AC. (5 G ;I RESOLUTION NO. SD -95 -010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SARATOGA APPROVING TENTATIVE SUBDIVISION Mi Navico Inc.; 15041 & 15072 Saratoga - Sunnyvale Rd. WHEREAS, application has been made to the Advisory Aaen�: under the Subdivision Map Act of the State of California and snder the Subdivision Ordinance of the City of Saratoga, for Tentative Subdivision Map approval to subdivide two existing parcels into 15 single family residential parcels, all as more particular!:, set forth in File No. SD -95 -010 of this City; and WHEREAS, an Environmental Initial Study has been prepared for this project which concludes that the net increase of 14 new s_na_e family homes on this property will not cause any significant and %or unavoidable impacts on the environment and a Negative Declaration >D was adopted by the Planning Commission for the project at the ri_ 24, 196 public hearing; and - WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design amd improvement, is consistent with the Saratoga General Plan and wit= all specific plans relating thereto, and the proposed subdi-:isicn and land use is compatible with the objectives, policies and general land use and programs specified in such General ?lam, reference to the staff report dated March 27, 1996 being here-`., made for further particulars; and WHEREAS, none of the conditions set forth in Government code Sections 66474 (a) - (g) and 66474.6 exist with respect to sa_d subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted duly noticed public hearings at which time all interested parties were gi-.en a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the Tentative Subdivision Map for the hereinafter described subdivision, which map is dated December, 1995 and marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Community Acknowledged. 1 . Future' development on all lots shall require Design review approval. The site development plan reviewed by the Planninc Commission shall be used for future yard orientaticr, determinations. Building setbacks shall be either per the site development plan or then current Zoning Ordinance requirements, whichever are greater. The required exterior side yard setbacks for Lots 1 and 15 shall be measured the landscape easement line versus the property line. -y Acknowledged.' 2 • Future homer, ;hall be sited and designed to minimize Completed and acknowledged.9 Acknowledged. Completed by Surveyor. Subdivision improvement plans shall include all landscaping approved per Exhibit "A ", including landscaping within the Seaton Ave. pedestrian connection, along the Saratoga - Sunnyvale Rd. frontage, at the terminus of Prune Blosscma Dr., Seaton Ave. and Lynde Ave. and within the area of City owned property between the west property line and the Fcothill School driveway. All required landscaping shall be maintained via annexation to the City's Lighting and Landscaping Assessment District. 10. All public and private improvements required for the project shall be completed and accepted for construction by the Director of Public Works, Planning Director, and /cr the appropriate officials from other public agencies, including public and private utility providers, prior to Final Inspection of any permitted homes on any of the lots. City Engineer 11. Prior tc. submittal of the Final Map to the City Engineer for File No. SD -96 -010; 15041 & 15072 Saratoga - Sunnyvale Rd. amount of pad grading necessary and the removal of significant existing native trees. cAck'nOWledged. 3. Landscape plans shall be required for each new home applica- tion. These plans will need to incorporate a reasonable number of native trees to revegetate the Acknowledged. property. 4. Design review approval shall only be granted upon finding that the proposed structures are compatible in terms of scale and design with the existing adjacent residences, that they are in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Acknowledged. 5. Lots 1, 8, 9, 10, 11, 12, 13 and 15 shall be limited to single story structures not to exceed 22 feet in height. This restriction shall expire upon issuance of Final Inspection for each lot. Future additions and /or redevelopment shall be governed by then current Zoning Ordinance requirements. Acknowledged. 6. No trees shall be removed without obtaining a tree removal permit, with the exception of those trees shown to be removed on the Tentative Subdivision Map marked Exhibit •A" to accommodate public improvements. Acknowledged. 7. Subdivision improvement construction hours shall be restr'cted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils public safety. The Public Works Director may grant an exemption upon his /her determination of an emergency. No such construction work shall be permitted on legal holidays. Acknowledged. 8. All requirements for tree protection as recommended by the City Arborist shall apply throughout subdivision improveents construction. Completed and acknowledged.9 Acknowledged. Completed by Surveyor. Subdivision improvement plans shall include all landscaping approved per Exhibit "A ", including landscaping within the Seaton Ave. pedestrian connection, along the Saratoga - Sunnyvale Rd. frontage, at the terminus of Prune Blosscma Dr., Seaton Ave. and Lynde Ave. and within the area of City owned property between the west property line and the Fcothill School driveway. All required landscaping shall be maintained via annexation to the City's Lighting and Landscaping Assessment District. 10. All public and private improvements required for the project shall be completed and accepted for construction by the Director of Public Works, Planning Director, and /cr the appropriate officials from other public agencies, including public and private utility providers, prior to Final Inspection of any permitted homes on any of the lots. City Engineer 11. Prior tc. submittal of the Final Map to the City Engineer for File No. SD -96 -010; 15041 & 15072 Saratoga - Sunnyvale Rd. examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitteu map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 12. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map shall contain all of the informa- tion required in Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the City Engineer. Fees Paid. 13. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of the Final Map for examination. Bond Posted. 14. Interior monuments shall be set at each lot corner ei Sher prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 15. The owner (applicant) shall provide Irrevocable Offers of on Final Map. Dedication for all required easements and /or rights- of -way on the Final Map, in substantial conformance with the approved Vesting Tentative Map, prior to Final Map approval. Plans submitted and 16. The owner (applicant) shall submit engineered improvement approved. plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from oti),-: pu*)lic File No. SD -96 -010; 15041 & 15072 Saratoga - Sunnyvale Rd. agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Mau. a. The plans shall include improvements for the pedestrian Pathway connecting Seaton Ave. with the internal street between Lots 6 and 7, and along Saratoga - Sunnyvale Rd. b• Overhead utility lines along Saratoga - Sunnyvale Rd. shall be put underground and concrete curb and gutter and wheelchair ramps shall be constructed along the site frontage and /or within the subdivision, to be deter-..ned by the City Engineer. C. Plans shall also be submitted for review indicating the construction of a bus turnout shelter per Exhibit "A" and as modified by the Staff Report recommendation. Once the bus shelter is built, the City shall assume responsibility for its maintenance. Fees Paid. 17. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans Agreement signed. are submitted for review. 18. The owner (applicant) shall enter into an Improvement A=ree- ment with the City in accordance with Section 14- 60.010 Of -he Municipal Code - prior to Final Map approval. A11. securities provided. 19• The owner (applicant) shall furnish Improvement Securities in accordance with Section 14- 60.020 of the Municipal Code is -he manner and amounts determined by the Public Works Direztor prior to Final Map approval. Insurance provided. 20. The owner (applicant) shall furnish a written inde--:it•/ agreement and proof of insurance coverage, in accordance with Section 14- 05.050 of the Municipal Code, approval. prior to Final Map A11 utility commitments 21. Prior to Final Map approval, the owner (applicant) provided. shall furnish the City Engineer with satisfactory wrl --en. commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision.. A11 permits obtained. 22• The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subd_.i- sion improvement construction. Copies of permits other than those issued by the City shall be Fees paid. provided to City Engineer. 23. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. L��� {� {,s�� 24. Subject to the determination of the City Engineer, and zricr to approval of the Final Map the !. {�v owner (applicant) shall required to execute an agreement Q17 f7 { xa Pion svhr7, i-ed. -be with the C; waiving _:e - File No. SD -96 -010; 15041 & 15072 Saratoga - Sunnyvale Rd. rights of the owner or any successive owners of any of the lots Created by the subdivision to protest the annexation of the lots '.nto the City's Landscaping and Lighting Assessment': District LLA -1 for purposes maintaining frontage and common areas landscaping, decorative street paving textures and 25% of the operating maintenance costs of the Saratoga - Sunnyvale Rd. /Herriman Rd. traffic signal. Agreement signed. 25. Subject to the determination of the Public Work's Director, prior to Final Map Approval, the owner (applicant) may be required to enter into an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or annexation into an assessment district for the purposes of undergrounding utility lines serving the properties. Completed. 26. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the NOI shall be furnished to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan ( SWPPP) . Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. Acknowledged. 27. All building and construction related activities shall adhere to New Development and Construction - Best Management Practic- es as adopted by the City for the purpose of preventing storm water pollution. Utility and Pn}il; Safary vidLzrg Acknowledged. 28. Sanitary sewer service for all parcels shall be required per the requirements of the West Valley Sanitation District. Acknowledged. 29. Domestic water shall be supplied by San Jose Water Company. Acknowledged. 30. The owner (applicant) shall install additional fire hydrants City as determined by the Saratoga Fire District. A Acknowledged. 31. QX ay Applicant agrees to hold City harmless from all costs and expenses incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Acknowledged. 32. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is irrmossi- ble to estimate damages the City could incur due to h te violation, liquidated damages of $250 siiall be payable to this File No. SD -96 -010; 15041 & 15072 Saratoga - Sunnyvale Rd. City per each day of the violation. Section 1. Conditions must be completed within 24 months or approval will expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 3. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 14th day of August, 1996 by the following vote: AYES: Abshire, Kaplan, Murakami, Patrick, Pierce & Siegfried NOES: Asfour ABSENT: None Chair, Planning Commissi n ATTEST: Secretary, Planning Commission �O�TANWIIWOlflc, Construction & Development March 20, 1997 Larry Perlin City Of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Mr. Perlin Thank you for your time and it was a pleasure to meet with you on march 19th. As we discussed, I would like to request that my properties on Saratoga - Sunnyvale Road, commonly known as lots 1 through 15 on tract #8896, to be annexed into the City Of Saratoga Landscape & Light Assesment District LLA -1 for the purpose of maintainance. Please do not hesitate to call me if I can be of any assistance or if you need any documents. Best Regards, Bagher Navid President cc: Jitka/Westfall Eng. 2542 S. Bascom Ave. • Ste. ;#201 • Campbell. CA 95008.Office: (408) 559 -2020 • (408) 559 -2021 • Fax: (408) 559 -2022 • Lic. No. 462570 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. - AGENDA ITEM MEETING DATE: APRIL 2, 1997 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Final Map Approval for Tract No. 8901 (6 lots at 13650 Saratoga- Sunnyvale Road), Owner: August Boisseranc Recommended Motion(s): 1. Move to adopt Resolution No. SD 96 -003 granting final map approval of Tentative Map Application No. SD 96 -003 for six lots at 13650 Saratoga- Sunnyvale Road. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. 3. Move to authorize the City Manager to execute the agreement waiving the right of the property owner to protest annexation into an assessment district for the purposes of undergrounding existing utility lines serving the properties. Report Summary: Attached is Resolution No. SD 96 -003 which, if adopted, will grant final map approval for six lots located at 13650 Saratoga- Sunnyvale Road. I have examined the final map and related documents submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. SD 96 -003, have been completed or will be completed concurrent with development of the six lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts• The subdivider has paid $20,684.38 in Engineering Fees and $48,960 in Park Development Fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdividers Title Company for recordation along with recording instructions. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. 1. Site Map. 2. Resolution No. SD 96 -003 granting final map approval. 3. Subdivision Improvement Agreement. 4. Agreement waiving right to protest annexation into an assessment district for the purposes of undergrounding existing utility lines serving the properties. 5. Planning Commission Resolution No. SD 96 -003 approving the tentative map with conditions. 0 9 RESOLUTION NO. SD 96 -003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 96 -003 13650 SARATOGA- SUNNYVALE ROAD (AUGUST BOISSERANC) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 - 6 as shown on that certain map of Tract No. 8901, prepared by Steven A. Arnold Civil Engineer dated August, 1996, and filed with the City Clerk of the City of Saratoga on April 2, 1997, are approved as SIX (6) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the day of , 19 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Deputy City Clerk Mayor RECORDING REQUESTED BY: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Fruitvale Avenue Saratoga, CA 95070 CITY OF SARATOGA, CALIFORNIA Application No. SD 96 -003 Owner: Au crust Boisseranc Address; 13650 Saratoga - Sunnyvale_ Road APN: RIM-, This is an agreement between the City of Saratoga (City) and Auqust Boisseranc (Owner) relating to Owner's waiver of right to protest future annexation. Whereas, City has approved Application No. SD 96 -003 for development on Owner's real property, more particularly described in Exhibit "A ", attached hereto and incorporated herein, and Whereas, condition no. 11 of said development approval requires that Owner of the subject property shall enter into an agreement with the City waiving the right of Owner and any successors in interest of Owner to protest the formation of an 773 \AGR88 \Tormaton.an: March 27, 1997 1 This is an agreement between the City of Saratoga (City) and Auqust Boisseranc (Owner) relating to Owner's waiver of right to protest future annexation. Whereas, City has approved Application No. SD 96 -003 for development on Owner's real property, more particularly described in Exhibit "A ", attached hereto and incorporated herein, and Whereas, condition no. 11 of said development approval requires that Owner of the subject property shall enter into an agreement with the City waiving the right of Owner and any successors in interest of Owner to protest the formation of an 773 \AGR88 \Tormaton.an: March 27, 1997 1 assessment district, special taxing district, or other financing mechanism for the purposes of undergroundinq existing utility lines serving the properties: and /or the annexation of the subject property into such a district or mechanism. Now, therefore, the parties agree as follows: 1. This agreement is executed concurrently with that certain development approval described as SD 96 -003, dated , 19_, between City and Owner relating to the making of improvements on Owners real property described in Exhibit "All and commonly referred to as 13650 Saratoga - Sunnyvale Road, APN: 2. In consideration for approval of said development application by City, Owner agrees to expressly waive any and all rights Owner may have in the future to protest any proposed annexation of the subject property into or formation of an assessment district, special taxing district or other financing mechanism for the purposes of undergrounding existing utility lines serving the prg =r„ ie . 3. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A ". All the terms, covenants and conditions herein imposed shall run with the land and be binding upon and inure to the benefit of the successors in interest of Owner. ]77 \AGYSS \POrmeton.aux March 27, 1997 2 IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF SARATOGA, a municipal corporation By: Attest: City Clerk (Seal) Approved as to form: City Attorney (Acknowledgments) STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) City Manager By: Owner On this day of , in the year , before me, , Notary Public, personally appeared personally known to me to be the of the City of Saratoga and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that said City of Saratoga executed the same. Notary Public 773 \:GRBB \Pormaton.an= March 27, 1997 3 ) P Oct add to` 11k faE� E �R O �e I I L _ ' BK 503 W Z Z D 1 Q p �o Q Q N THELMA I I Z 1 I °I �I 31 I 30 I 29 This plat is for information only and Is not a survey Of tho lend, nor is It a part of the report Or policy to which M may be attached. 33 TRACT N!388 SARATOGA VILLA I I I I I I I I I ss 1 27 as I as I 1 F611.04 — - --� 41 3.78 AC. NET TRAV 393 P4OE _ O 1" • 100, AVE.- my R E 79 I I I I I I I i. I 0, W Lo I i/ °I iz �I L3 a _I .1 I I I I 1 I 39 1 24 I 25 1 22 1 2i I to 1 g9 Sao -.. _ z _..._ 1 2 I 3 1 4 1 s i 6 g /9 1 /B 1 17 1 /6 I L5 y1 L s = 30 s —� s— FRANKLIN TRACT N! 627 FAIRVIEW ESTATE 39 orra $ 4 X x H tb H H E Z 2A4 O r X 20 W f TRACT N! 627 FAIRVIEW ESTATE 39 orra $ 4 X x H tb H H E RESOLUTION N0. SD -96 -003 RESOLUTION APPROVING TENTATIVE MAP OF AUGUST BOISSERANC; 13650 Saratoga - Sunnyvale Road WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Map approval of six (6) new lots and one (1) remainder parcel, all as more particularly set forth in File No. SD -96 -003 of this City; and WHEREAS, this Advisory Agency hereby finds that the proposed. subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto; and the proposed subdivision and land use are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated September 11, 1996 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the environmental Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED that the Tentative Map for the hereinaf ter "described subdivision, which map is dated "Received 7/5/96" and is marked Exhibit "A" in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor- 1. Prior to submittal of a Final Map to the Public Works Director for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the Public Works Director, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required in Section File No. SD -96 -003, V -96 -008; 13650 SARATOGA- SUNNYVALE ROAD 14- 40.020 of the Municipal Code, to the Public Works Director for examination. The Final Map shall contain all of the information required by Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal of each Final Map. C. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the Public Works Director. Fees Paid. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examination. Bond Posted. 4• Interior monuments shall be set at each lot corner either prior to recordation of a Final Map or some later date to be specified on a Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 5. The owner (applicant) shall provide Irrevocable Offers of On Final Map. Dedication for all required easements and /or rights of way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. Plans submitted and 6. The owner (applicant) shall submit engineered improvement plans to. the Public Works Director in conformance with the approved. approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Public Works Director and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. Improvement requirements shall include, but not necessarily be limited to: a. The installation of two drain inlets and an associated storm drain line to be placed on either side of the All utility commitments 12. Prior to Final Map approval, the owner (applicant) shall provided. furnish the Public Works Director with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits obtained. 13. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to Final Map approval. Acknowledged. 14. All public and private improvements required for the project shall be completed and accepted for construction by the Public Works Director, Community Development Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to issuance of building permits for any lots. File No. SD -96 -003, V -96 -008; 13650 SARATOGA- SUNNYVALE ROAD street at the beginning of the proposed extension of Franklin Avenue. The proposed storm drain system shall be connected to the existing storm drain system located at the intersection of Franklin Avenue and Lexington Court. b. A 1%11 A.C. overlay shall be placed on Franklin Avenue from Lexington Court to the new subdivision. C. A 10 ft. wide landscape strip shall be incorporated at the end of Franklin Avenue. Agreement signed. 7. Prior to Final Map approval, the owner /applicant shall submit for the review and approval of the Community Development Director documentation which provides a means for the perma- nent maintenance of the landscape strip at the end of Franklin Avenue. Fees -Paid:._-'. __ _ 8. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted for review. Agreement signed. 9. The owner (applicant) shall enter into an Improvement Agree- ment with the City in accordance with Section 14- 60.010 of the Municipal Code prior to Final Map approval. All SeCUrltleS provided. 10. The owner (applicant) shall furnish Improvement Securities in accordance with section 14- 60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. Insurance provided. 11. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to Final Map approval. All utility commitments 12. Prior to Final Map approval, the owner (applicant) shall provided. furnish the Public Works Director with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits obtained. 13. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to Final Map approval. Acknowledged. 14. All public and private improvements required for the project shall be completed and accepted for construction by the Public Works Director, Community Development Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to issuance of building permits for any lots. File No. SD -96 -003, V -96 -008; 13650 SARATOGA- SUNNYVALE ROAD Fees Paid. 15. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to Final Map approval. Acknowledged. 16. All building and construction related activities shall adhere to New Development and Construction - Best Management Practic- es as adopted by the City for the purpose of preventing storm water pollution. Not required. 17. Subject to the determination of the Public Work's Director, prior to Final Map approval the owner (applicant) may be required to execute an agreement with the City waiving* the rights of the owner or any successive owners of any of the lots created by the subdivision to protest the annexation of the lots into the City's Landscaping and Lighting Assessment District LLA -1. The owner (applicant) agrees to such waiver. Agreement_ signed. 18. Subject to the determination of the Public Work's Director, prior to Final Map Approval, the owner (applicant) may be required to execute an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or annexation into an assessment district for the purposes of undergrounding utility lines serving the properties. The owner (applicant) agrees to such waiver. Acknowledged. 19. Notice of construction shall be distributed to all residents within 500 ft. of the property at least five calendar days prior to commencement of construction in such form as deter- mined by the Public Works Director. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the Public Works Director to commence work on the project. Acknowledged. 20. All new structures shall be connected to the sanitary sewer in accordance with the requirements of the West Valley Sanitation District. The applicant shall annex to the West Valley Sanitation District sewer service area. Acknowledged. 21. Any existing septic tank on the property shall be pumped and backfilled in accordance with the standards of the Santa Clara County Environmental Health Division. Acknowledged. 22. The owner (applicant) shall install one public fire hydrant which meets the Saratoga Fire District's specifications. The hydrant shall be installed and accepted prior.to construction of any building. Acknowledged. 23. All new residences shall require Early Warning Fire Alarm Systems in accordance with the provisions of the Saratoga City Code, Article 16 -60. Acknowledged. 24. All future driveways shall have a minimum width of 14 ft. with one ft. shoulders. .,. <...,..... nom... ........ .L� ...:,:!ter. File No. SD -96 -003, V -96 -008; 13650 SARATOGA- SUNNYVALE ROAD Acknowledged. 25. Future development of Lots 1 through 6 shall require Design Review approval. Building sites shall be consistent with the approved building envelopes and based on current Zoning Ordinance regulations and City policy. Acknowledged. 26. Lots 1 through 6 shall be limited to single story construction not to exceed 18 ft. in height. Portions of the roofline may extend to 20 ft., however, if the Planning Commission. finds that they improve the design of the home and do not adversely affect neighbors' views. This restriction shall only apply to initial construction and shall expire upon Final Occupancy approval of each home /parcel. Acknowledged. 27. Design Review approvals shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Acknowledged. 28. No grading or building pad improvement work shall take place on the individual lots until Design Review applications have .been reviewed and approved by the Planning Commission. Acknowledged. 29. Prior to Final Map approval, the owner /applicant shall enter into a development agreement with the City of Saratoga to be recorded against the remainder parcel and to ensure that upon any future development or subdivision of the remainder parcel, the owner /applicant will install a new cul -de -sac turn - around at the end of Franklin Avenue in accordance with the require- ments of the City of Saratoga's Subdivision Ordinance. Acknowledged. 30. Subdivision construction hours shall be restricted between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public safety. The City Engineer may grant an exemption upon his /her determina- tion of an emergency. No construction work shall be permitted on legal holidays. Acknowledged. 31. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal Court, challenging the City's action with respect to the applicant's project. Acknowledged. 32. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. File No. SD -96 -003, V -96 -008; 13650 SARATOGA- SUNNYVALE ROAD Section 1. Conditions must be completed within twenty -four (24) months or approval will expire. Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. Section .1. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption.. PASSED AND ADOPTED by the City of Saratoga Planning Commis- sion, State of California, this 11th day of September, 1996, by the following vote: AYES: Kaplan, Murakami, Patrick, Pierce, Siegfried NOES: None ABSENT: Abshire, Asfour Chair, Planning Cotnmissidn ATTEST: Secretary, Plannin4 Commission SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2-,FS 1 AGENDA ITE MEETING DATE: APRIL 2, 1997 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD SUBJECT: Follow -up report on landslides in Tract 7761 (Mount Eden Estates) - Consideration of building moratorium Recommended Motion(s): Receive the report. Do not move to impose a building moratorium in the subdivision at this time. Report SummarX: The information in this report was requested by the City Council on February 19 during discussion of the various issues relating to the Villa Oaks landslide. First is a March 11 memo prepared by the City's Geotechnical Consultant which discusses the known status of all of the landslides which exist within the Tract boundaries. From my reading of the memo, other than for Landslide F (the Villa Oaks landslide), there does not appear to be any slides which have been deemed to be stable, and which have not been (or will be) further evaluated during development of any of the lots. Landslides G and H, the two large landslides, are what would be of most concern to me. However, as the memo points out, there is no practical way for development on any one lot to improve the overall stability of either landslide. Instead, recommendations for minimizing grading and incorporating proper drainage improvements into lot development plans represent the extent of what could and should be done to minimize the risk of future landslide movement. Second is the series of questions mentioned by the City Attorney which will need to be answered to begin the process of assessing liability, and ultimately responsibility, for the damage caused by the Villa Oaks slide. Staff is currently working with the City Attorney's office to formulate answers to these questions. At the same time, the consulting geologist retained by the City is continuing to monitor landslide characteristics in order to develop repair /stabilization recommendations. OHIO Of OARATOG A 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Larry Perlin, Public Works Director FROM: City Geotechnical Consultant SUBJECT: Status of Subdivision Landslides (S3037A) RE: Tract 7761 -------------- - - - - -= ----------=----------------------------------- - - - - -- DATE: March 26, 1997 At your request, we have completed a review of subdivision documents and prepared this memorandum summarizing our current understanding of the status of landslides in the Mt. Eden Estates subdivision (Tract 7761). BACKGROUND Tract 7761 has been the subject of geologic and geotechnical investigations since the late 1970's. The earliest investigation of the property did not recognize the presence of numerous ancient landslides in the subdivision. However, work conducted in preparation of the City's Geologic Map of the Upper Calabazas Creek Watershed Area, and subdivision -level investigations by Terratech, Inc., resulted in the identification of 12 landslides on the subdivision property. These landslides, which are shown on the attached map (Figure 1), were labeled A through J, X and Y. Various levels of landslide mitigation measures were incorporated into the Overall Grading Plan prepared by Nelsen Engineering (dated August 25, 1987). Subdivision grading occurred in 1987 -1988. CURRENT STATUS OF SUBDIVISION LANDSLIDES Because of various factors (e.g., weak and expansive bedrock, unfavorable geologic structure, adverse drainage conditions), Tract 7761 is situated in ancient landslide terrain. As stated in the geotechnical review report dated September 4, 1987, "grading and tract development will likely cause new or renewed landslide movement of this unstable terrain, unless properly mitigated." Four landslides (Landslides C, D, X and Y) in the subdivision were purportedly stabilized by complete removal of landslide material and replacement with engineered fill. In addition, the upper portions of four additional landslides (Landslides A, E, H and I) were buttressed by construction of keyways. The other four landslides either were assessed by the developer's consultants to be stable (e.g., Landslides F and G), or not considered to represent a threat to subdivision improvements (e.g., Landslides B and J). Larry Perlin Page 2 March 26, 1997 S3037A The following section provides a brief summary of the current landslide conditions in the subdivision. Landslide A Landslide A is situated on a south - facing slope in the western portion of the subdivision (underlying portions of Lots 7, 8 and 9). Only the upper portion of this landslide is present within the tract boundaries; the lower portion, including a complex of multiple landslides, extends further downslope onto the undeveloped property located south of Tract 7761. The upper portion of Landslide A was mitigated during subdivision grading through construction of a buttress along the southern property boundary. This work was performed under the inspection of Nordmo Associates in 1987 -1988. We have not reviewed any information indicating that Landslide A has experienced recent movement. However, recent movement of Landslide F (which partly overlies Landslide A) could potentially lead to instability of Landslide A. Consequently, Landslide A should be closely inspected on a periodic basis to detect any signs of activity. Movement of Landslide A could affect Villa Oaks Lane and existing residential improvements on Lots 7 and 8. A geologic and geotechnical investigation for the proposed development of Lot 9 has resulted in a building site located away from the margins of Landslides A and F. Landslide B According to the Overall Grading Plan prepared by Nelsen Engineering, Landslide B is an active landslide located on the north side of Quarry Creek, across from Lots 20 and 21. This landslide is depicted on the City's geologic map, and has been confirmed in subsequent studies associated with development of Tract 7761. However, the landslide is not depicted on Nordmo Associates' maps purportedly showing final geologic conditions (i.e., Geologic Map, dated August 30, 1987; and As -Built Material Map, dated April 14, 1989). Landslide B was not considered to be a significant threat to tract development by the subdivision consultants. The landslide does not underlie any building sites; however, substantial movement of Landslide B could obstruct flow in Quarry Creek. Landslide C Landslide C was an active landslide located on the south - facing quarried slope on Lot 18 in the northeastern portion of the subdivision. According to Nordmo Associates, this landslide was completely removed and replaced with engineering fill during subdivision grading in 1987 -1988. Larry Perlin Page 3 March 26, 1997 S3037A Some uncertainties remain concerning the locations of subdrains. The stabilization of Landslide C, including verification of the locations of subdrains, is currently being evaluated as part of a site - specific investigation for proposed development of Lot 18. Landslide D Landslide D is located in the northwestern portion of the subdivision on Lot 11. According to Nordmo Associates, this landslide was completely removed and replaced with engineering fill during subdivision grading in 1987 -1988. Some uncertainties remain concerning the locations of subdrains. Failure of Landslide D would not likely result in direct impacts to any residences in Tract 7761, but upslope enlargement of the landslide could affect the residential development located on the private property (Cocciardi residence) located west and adjacent to Lot 11. In addition, landslide movement could obstruct flow in Quarry Creek, thus potentially resulting in flooding of downstream lots. Landslide E Landslide E is a relatively small landslide overlying the western portion of Landslide G, and underlies Lots 12 and 23. The upper portion of this landslide was reportedly removed and replaced with engineered fill during subdivision grading in 1987 -1988. Plans for the residential development of Lot 12 included additional drainage improvements. The lower portion of Landslide E (also referred to as "Lot 23 Landslide ") was not considered to be a landslide by Nordmo Associates until additional geologic data confirmed the presence of the landslide in 1989, after subdivision grading was completed. Residential development plans for Lot 23 include measures to stabilize the lower portion of Landslide E. Landslide F Landslide F is currently an active landslide that has severely damaged the western segment of Villa Oaks Lane, as well as portions of Lots 9 and 10. The residential development on Lot 10 has been severely affected by the recent landslide movement (Lot 9 is currently undeveloped). Landslide F was recognized as a dormant landslide posing a potential threat to the roadway in subdivision -level investigations, but was not considered to be a landslide by consultants involved with tract grading. Consequently, the only landslide mitigation measures offered by the developer were to install subdrains in the roadway to lower . the groundwater level in this area. It is not known whether these subdrains were actually constructed. Larry Perlin Page 4 March 26, 1997 S3037A Landslide F was again addressed during design of the residential development on Lot 10. At this time, the property owners' consultants recognized the existence of Landslide F, and made several recommendations to protect the structures from future landslide movement. One of these recommendations resulted in relocating the residential structure outside of the landslide (the original residential site was within the landslide). Other measures to construct retaining walls were allegedly rejected by the property owner. Landslide F became active in February 1996 following a heavy rainfall period, but movement throughout 1996 was relatively minor. Landslide movement occurred dramatically during the winter of 1996 -1997. The City has retained a consultant to gather information concerning the depth and amount of landslide movement which could be used to formulate landslide stabilization plans in the future. Landslide G Landslide G is one of the two large, deep- seated landslides underlying the north - facing slopes in the north - central portion of the property, and underlies at least portions of Lots 12, 13, 14, 15, 20, 21, 22, and 23. The deep- seated landslide was evaluated to be stable by Nordmo Associates prior to subdivision grading. A buttress intended to provide additional stabilization was placed in Quarry Creek, along the toe of the landslide, but has since been removed through erosion and subsequent drainage improvements. Landslide G continues to be re- evaluated during site - specific investigations (most recently, for Lots 13, 14 and 23). However, individual lot developments are too limited in area to improve stability of the entire landslide, other than by minimizing site grading and incorporating adequate drainage improvements into development plans. Landslide H Landslide H is one of the-two large, deep- seated landslides underlying the north - facing slopes in the north- central portion of the property. Landslide H underlies at least portions of Lots 2, 3, 4, 5, 15, 16, 17, 19 and 20. The deep- seated landslide was evaluated to be stable by Nordmo Associates prior to subdivision grading. A buttress intended to provide additional stabilization of the upper portion of Landslide H was constructed near the intersection of Villa Oaks Lane and Deer Trail Court during subdivision grading. Roadway cracking in Deer Trail Court, noticed beginning in 1993, may be associated with settlement or incipient movement of the buttress fill. Landslide H continues to be re- evaluated during site- specific investigations. However, individual lot developments are too limited in area to improve stability of the entire landslide, other than by minimizing site grading and incorporating adequate drainage improvements into development plans. Landslide I Larry Perlin Page 5 March 26, 1997 S3037A Landslide I is a dormant or old landslide mapped by Terratech on the south - facing quarried slope on Lot 18 in the northeastern portion of the subdivision. Landslide I is depicted as a large landslide underlying most of Lot 18 on the Overall Grading Plan prepared by Nelsen Engineering. However, the landslide is depicted as somewhat smaller in areal extent on subsequent maps prepared by Nordmo Associates (i.e., Geologic Map, dated August 30, 1987; and As- Built Material Map, dated April 14, 1989). According to Nordmo Associates, this landslide was stabilized by construction of a keyway at the base of the landslide during subdivision grading ins 1987 -1988. However, uncertainties remain concerning the conditions exposed in the keyway excavation and 'the locations of subdrains. The stabilization of Landslide I, including verification of the locations of subdrains, is currently being evaluated as part of a site - specific investigation for proposed development of Lot 18. Landslide J (U Landslide J (later referred to as Landslide K) is part of an old landslide complex extending to the west and southwest of the subdivision. Only the upper portion of this landslide lies within tract boundaries, where it extends onto the western portion of Lot 10. Despite recommendations by the City Geotechnical Consultant that Landslide J (K) be mitigated, no measures were undertaken to stabilize the landslide during subdivision grading. Landslide J (K) was again addressed during design of the residential development on Lot 10. At this time, the property owners' consultants recognized the existence of the landslide, and made several recommendations to protect the structures from future landslide movement, including drainage improvements and a setback from the margin of the landslide. Indications of roadway distress in Villa Oaks Lane, noticed beginning in 1993, are potentially associated with Landslide J (K). The City has retained a consultant to gather information which could be used to evaluate current stability of Landslide J (K)• Landslides X (M) and Y (N) Landslides X and Y (also referred to as Landslides M and N) are two shallow landslides that were identified along the alignment of Villa Oaks Lane in the central portion of the subdivision. These landslides extend from Lots 6 and 7 downslope to Lots 14 and 13, and were reportedly removed prior to construction of Villa Oaks Lane in 1987 -1988. The fill slopes and subdrains associated with road construction and landslide removal are currently being evaluated as part of the investigations for proposed developments on Lots 13 and 14. Larry Perlin Page 6 OTHER GEOTECHNICAL ISSUES March 26, 1997 S3037A Two additional landslides depicted on the City's geologic map were not addressed during subdivision - level investigations, presumably because the developer's consultants did not view the landslides as threats to subdivision improvements. One of these landslides is located on Lot 23, on the north side of Quarry Creek. The second landslide is located in the northwestern corner of the tract, and further away from the developed portion of the subdivision. Failure of these two landslides potentially could obstruct flow in Quarry Creek. In addition to the landslides summarized above, Tract 7761 contains several other adverse geotechnical conditions. These conditions include: (1) the use of lime- treated base material for road construction, (2) oversteepened cut slopes in weak bedrock, (3) expansive fill materials. Several areas of distress, including cutslope erosion and slumping and localized roadway cracking and bulging, are likely associated with one or more of these unresolved geotechnical conditions. Recommendations for monitoring certain areas of road distress have been provided to the City. Property owners are encouraged to limit hillslope grading activities, minimize the introduction of water (e.g., from irrigation, etc.) to the ground, maintain drainage improvements, and mitigate localized geotechnical problems such as erosion and cutslope slumps. Approximate boundary of Tract 7761 Abandoned Quarry u`\ t Lot 20 \ Lot 18 t Lot /9 1 Lot 17 1 i 1 1997 /� / Land 5 Lot 16 I '� Cane LO! 8 Lot 7 Lot 9 /` \J Lot 6 Lot 5 \ Lot2 L 1 L�t4 _____ _____ T_ —_—? f J EXPLANATION �T Landslide, hachures denote scarp, Letter refers ' to tract landslide discussed in subdivision reports N Area of subdivision grading for landslide mitigation 0 200 FEET Figure 1. Landslides in the Mt. Eden Estates subdivision (Tract 7761) � � A �`r•� Lot 22 D / Lot21 Lot 11 Lot 23 1 'tot 12 O1 Lot 10 �� _ r LOt i3 C' . "Lot 14 Approximate boundary of Tract 7761 Abandoned Quarry u`\ t Lot 20 \ Lot 18 t Lot /9 1 Lot 17 1 i 1 1997 /� / Land 5 Lot 16 I '� Cane LO! 8 Lot 7 Lot 9 /` \J Lot 6 Lot 5 \ Lot2 L 1 L�t4 _____ _____ T_ —_—? f J EXPLANATION �T Landslide, hachures denote scarp, Letter refers ' to tract landslide discussed in subdivision reports N Area of subdivision grading for landslide mitigation 0 200 FEET Figure 1. Landslides in the Mt. Eden Estates subdivision (Tract 7761) ed oversight costs :or the City G 1 a e $5,000. As the Council wil t I re balance of the Hijlside Road Repair Fund (Fund I o rammed into Capital Pzoject No. 9703 (Emergent side Re i is the adoption of Resolution No -42.7 last week to cove se costs. At this time, i ecommended that the Council appr i a above list of ency purchases so that payments to the var ractors and vendors can be made. _ Building Moratorium: On January 15, the Council received a letter dated January 5 from former Councilmember Kohler suggesting that a building moratorium be imposed for the Mt. Eden Estates subdivision until such time as the Villa Oaks Ln. slide is repaired. Mr. Kohler's primary concern seems to be the potential wear and tear which would occur on Quarry Road from construction vehicles travelling to and from the subdivision. As stated above, an interim five ton weight limit has been imposed on Quarry Road. Further, there is at this time, an effective moratorium on building in the subdivision until at least the end of the current rainy season (historically April 15 at the earliest and later depending on weather forecasts at that time). So in my view, there is no need now to impose an additional moratorium on building. The interim repairs which have been made to Villa Oaks Lane are such that construction vehicles can enter and exit the subdivision from Mt. Eden Road, thus avoiding Quarry Road, and I do not expect this to change over the coming months. In other words, even if the landslide on Villa Oaks Ln. is not completely fixed by the time construction and building activity would again be allowed, I do not anticipate the need for construction traffic to ever travel on Quarry Road. A companion memo from the Community Development Director details the current status of building in the subdivision. I expect that the owners of at least two of the lots will be ready to pull building permits by the start of the construction season. With proper control during construction, this work should be able to occur with little impact on Quarry Road. As the owners of these lots have to make complex arrangements for construction: financing, interim housing, and other aspects of their home building, I believe it would be unnecessarily punitive to prevent them from building when they are ready to proceed given the above circumstances with Villa Oaks Lane. Therefore, I do not recommend imposition of a building moratorium for the subdivision. To: Saratoga City Council From: Willem, Kohler Subject: Road collapse on Villa Oaks Date: 1 -5 -1997 After the. recent rains Villa Oaks collapse close to Mt. Eden Road, also severely impacting the home that was newly built there. This is part of Mount Eden Estates. Right now this creates a dangerous situation: The people li-Ving in this developr -it now have to use the emergency exit through Q, , ry Road. 1. For the sake of the all the home owners (including those who own Quarry Rd and had big expenses for repair in the past and now suffer heavy traffic), please come up with a speedy plan for road repair on Villa Oaks. 2. Even more importantly, avoid future disasters like this by proper planning. Insufficient geological studies were made for Mount Eden Estates at the tune. On top of that, it seems that the sad story of neglect to mitigate against unstable land repeats itself over and over again. In May 1996 the Planning Commission gave the green light (over my written and verbal protests) for a lot line adjustment resulting in 2 extra lots in this development without an Environmental Impact report. These two lots are in the worst part of this development, in a flood zone and sliding area. Big trucks for the repair of Villa Oaks using the fragile Quarry Road in it self will give problems. But these repairs have to be done. However any truck traffic for further development of this area is irresponsible at this time. As City Council you are responsible to avoid further personal and financial damage to this area. Therefore I request urgently that you put a total and full moratorium on any further development of this area (Mt. Eden Estates) until the road is fixed AND proper environmental and geological studies are done. Respectfully, Willem A. Kohler 21842 Via Regina Saratoga, CA 95070. Based on this latest information,' and for the reasons stated in my report to the Council on February 19, I do not believe it is necessary to impose a building moratorium in the subdivision at this time. The current winter grading and building moratorium will remain in effect until at least April 15 at which time staff will determine when hillside construction activities may resume. Fiscal Impacts: N /A. Advertising, Noticing and Public Contact: Nothing additional. A copy of this report has been sent to Mr. Kohler. Consequences of Not Acting on the Recommended Motions: N /A. Follow Up Actions: Landslide monitoring and investigative work will continue. Recommendations for future repair /stabilization work will be developed. Attachments: 1. Memo from City Geotechnical Consultant dated March 26 2. Excerpt from February 19 staff report. 3. January 5 letter from Mr. Kohler. MEYERS, NAVE, MACK, SILVER & WILSON MICHAEL R NAVE A PROFESSIONAL LAW CORPORATION SANTA ROSA OFFICE STEVEN IL MEYERS ELIZABETH H. SILVER GATEWAY PLAZA 555 FIFTH STREET, SUITE 230 MICHAEL S. RIBACK 777 DAVIS STREET SUITE 300 SANTA ROSA, CA 95401 KENNETH A. WILSON , TELEPHONE: (707) 545 -8009 DAVID W. SKINNER SAN LEANDRO, CALIFORNIA 94577 FACSIMILE: (707) 545 -6617 STEVEN T.MATTAS TELEPHONE: (510) 351 -4300 CLIFFORD F. CAMPBELL FACSIMILE: (510) 351 -4481 MICHAEL F.RODRIQUEZ KATHLEEN FAUBION, AICP WENDYA. ROBERTS RICK W. JARVIS IARISSA M. SETO DEBBIE F. LATHAM WAYNE K. SNODGRASS ARNE B. SANDBERG BENJAMIN P. FAY DANIEL A. MULLER OF COUNSEL ANDREA J. SALTZMAN MEMORANDUM TO: Larry Perlin, Director of Public Works DATE: February 21, 1997 City of Saratoga FROM: Michael S. Riback, City Attorney RE: Villa Oaks Lane Landslide (Tract 7761, -Lot 10) Preliminary List of Requested Information. As I mentioned at the City Council meeting on February 19, 1997, the following is a preliminary list of information that I would like to obtain from your department in order to begin evaluating potential respective liability for the repair of damage caused by the landslide that originated on Lot 10. Since I have little information regarding the history of the construction on the lot and the development of the subdivision, I recognize that much of the information that I have requested may be redundant, immaterial, or otherwise inappropriate for making this evaluation. I also appreciate the fact that gathering this information in all probability will take a substantial amount of time. In order to reduce the amount of time spent on gathering the relevant information, I would appreciate your review of this list and any comments or revisions to the list you may have, which will allow me to narrow the issues involved and obtain the necessary information in a more expeditious manner. Michael S. Riback City Attorney MSR:apn Attachment �I cc: City Council (w /attachment) City Manager (w /attachment) J:\WPD\MNRSW\273\MEMO\FEB97\PERLIN2.20 2 PRELIMINARY LIST OF REQUESTED INFORMATION RELATING TO LANDSLIDE AT LOT 10, TRACT 7761 History of Property - Lot 10, Tract 7761 a. Who owned the property prior to development? b. When and how was the original landslide identified? C. Were any remediation measures taken with regard to this landslide? d. If so, who took them? e. Was this slide investigated by a geologist or anyone else? If so, what were the conclusions? f. When did the slide become dormant? g. How was it determined that the slide was in fact dormant? h. Was anything physically done to the slide between the time it was determined to be dormant and the time development began? History of Development of Tract 7761 a. What geological reports and recommendations were made prior to approval of tentative map? b. Were any other recommendations with regard to the slide made? C. Were recommended actions and changes with regard to the slide reflected in the tentative map? d. Were recommended actions and changes with regard to the slide actually carried out during the building? e. What type of inspection did the City do? f. Did the City specifically inspect to ensure that recommendations and changes with regard to the slide were in fact carried out? g. Were any changes required once construction began? h. Were any additions required after construction? i. What method was used to construct road in front of the property? j. Were any accommodations made to reflect that the road would be built over a dormant landslide? Were these reflected in the tentative map? lc. Has the road undergone any maintenance or resurfacing since it was originally built? If so, was this done by the City or by a contractor? 1. When was the road dedicated to the City? Was there a formal agreement? 3. History Subsequent to Subdivision Completion a. When did the Uppal's purchase the property? b. Were there any previous owners of the property? C. Had any permitted work occurred on the property subsequent to the completion of the subdivision. d. Is there any indication that any unpermitted work has occurred, e.g., plumbing, landscaping, construction, excavation, foundation work, etc. e. What damage occurred during Winter 1995 -96 to the property and the adjacent street and what remediation was undertaken? f. Was any assessment of the slide made at this point? If so, what were the conclusions. g. Has any assessment of the property and the adjacent street been made subsequent to the present slide in December 1996. If so, what were the conclusions. h. Is there any conditions on the surrounding properties or in the surrounding area that would account for this slide (e.g., vibration, construction, water flows, etc.) J: \WPD\MNRSW\2 73\MEMO\FEB97\L.ANDSLID.ATT SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 y AGENDA ITEM S� MEETING DATE: MAR4 11 ,7 ? CITY MGR.: dII)i 1,2'af ORIGINATING DEPT.: Finance SUBJECT: Local Area Network Cabling Project - Award of Contract Recommended Motion(s): 1. Move to declare T.C.T. Corp., Inc. (T.C.T.)to be the lowest responsible bidder on the project. 2. Move to award a contract to T.C.T. in the amount of $20,100. 3. Move to authorize staff to execute change orders to the contract up to $2,000. Report Summary: Background - On June 19, 1996, City Council adopted the FY 96/97 and FY 97/98 Budget which funded the first two years of the Technology Master Plan. The Plan included three major parts: upgrade of the desktop computers, acquisition of a central computer and application software and, replacement of the local area network and file server. On September 4, 1996, Council awarded the first phase of upgrading the desktop computers to Dell Computers (roughly half of the desktop computers were upgraded with the remaining PCs, subject to the City's reorganization, to be acquired in early FY 97/98). On March 5, 1997, Council awarded acquisition of the central computer and application software to HTE -SMI, Inc. This action, award of local area network cabling, is a major component of the project to replace the current, non - supported ARCnet based local area network. Discussion - The Technology Master Plan includes replacement of our ARCnet network to the industry standard, Ethernet/Microsoft NT system. This project involves installing new underground conduit, cabling, network hubs, file server, and network software. The underground conduit replacement is currently underway. As part of Sprint's cellular telephone installation in the Corporation Yard, the company has agreed to perform all the necessary underground conduit work for this project at no cost to the City. This donation is valued at $15,000. In order to assure the best wiring plan was selected for this project, the City retained the services of MarFam Computer Solutions, an expert in this field. MarFam performed a number of onsite visits, developed specifications, worked with network and cable vendors and drafted recommendations to staff. Briefly, those recommendations called for the installation of Category 5 and fiber optic cable in and between the various buildings and the use of Ethernet hubs, switches or routers. A complete copy of MarFam's report is available for review in the Finance Director's office. Award of this contract will upgrade the current Category 3 telephone wire used in the buildings to Category 5 wire, which is the standard for Ethernet. A total of fifty -seven (57) stations will be wired. This number exceeds the total employee count because counter areas, printer locations, training rooms, etc. must be wired. Furthermore, the vendor will replace the existing coaxial cable running between the buildings, which can not support Ethernet, to twelve strand, fiber optic. This requirement is due to the extremely long runs between the buildings (nearly thirteen hundred feet) and the transmission loads expected with Microsoft NT. After discussing the acquisition with the City's technology consultants, staff solicited quotes from qualified vendors in accordance with Article 2 -45, Purchasing System, of the Municipal Code. A summarization of the quotes follows: T.C.T. $20,100.00 Arcom $20,544.60 T & R $27,128.00 Netplex $29,349.00 Staff recommends awarding the contract to T.C.T. Although all bidders enjoy excellent recommendations, staff has previous experience working with T.C.T. and believes their bid is responsive to the City's requirements. A complete copy of the winning bidder's proposal is available for review in the Finance Director's office. It is therefore recommended that the Council declare T.C.T. to be the lowest responsible bidder on the project, and award the contract to this firm in the amount of their bid. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $2,000 to cover any unforeseen circumstances which may arise during the course of the work. The remainder of this project, replacement of the network hubs, file server, and network software is planned to occur in April after the buildings are rewired. The timely completion of this project is critical to the successful implementation of the new AS /400 computer and HTE -SMI's software applications. As reported to you previously, the City is proceeding with acquiring a Pentium PC based file server running Microsoft's NT Server software and Ethernet hubs. Because of the generic nature of this equipment, the goods will be purchased from local vendors based on the best price. Consistent with the City's purchasing ordinance, if any item exceeds $5,000, staff will present you with the purchase recominendation for you to approve. For reference purposes, a diagram of the proposed overall computer system is attached. Award of this contract allows for Part H, the City Wide Network or LAN, to proceed. Fiscal Impacts: Funding for this work is programmed in the adopted budget in Program 8085 Management Information Systems, Account No. 6730 (Equipment). Originally, the Technology Master Plan called for $75 thousand to be expended on the LAN upgrade. In our report to you last month, staff revised that estimate downward to $50 thousand. Cabling costs of $20,100 are included in the $50 thousand total which is more than sufficient to cover the base contract, any change orders and the remainder of the network hardware and software. Follow Up Actions: Schedule project with vendor for completion by planned April 21, 1997 delivery and installation date of AS /400. Consequences of Not Acting on Recormnended Motions: Local area network will not be upgraded. Continued downtime will be experienced. Total failure of system likely. Attachments: 1. Proposal 2. Diagram of Proposed System Oexecsunun \exsm 0328.97 MAR 28 '97 15:0 MBE #122 SAN JOSE CA 4085780604 PONIA° Fax Note 7871 X5 T.C.T. CORP. INC. T19M CITY CABLE TECHNOLOGY Mr. fnt TWIN MIS Department 137'l1' Frultvale v A e. S&nftpp CA 95070 ,,ON, P. P. 2 oea3 � 1 Fro"' owlwM r Co. SGT' March 25,107 Dear Mr. Tarani, We appreciate the opportunity to submit our price quotation for wtrlrlg SWetopa's City Hall with a fiber optics backbone. The scope of work would include pulling fiber optics cable in the sxistlnp 4 Inch conduit, and the Installation of fittings. Internal Installation and routing of CAT -5 from the central station (computer offices) to 57 outlets. Installation of all wall - plates In offices, and punchboards at central . Our price for the installation of the exterior fiber optics backbone, and Interior CAT -5 wiring, as per design received from Sara Including labor and material shall be $19,500. toga City HaII, 500. We guarantee our workmanship for the period of one ar. Should you guarantee, our price quotation would be $20,1 oo. prefer a three year Should you have any further questions, please do not hesitate to contact me. Hooman Je*� 4327 Wilson Lane Concord CA 94521TEL: (510) 252 -1112 FAX; (510) 252 -1113 Z ON Ethernet Hub Administration '01 oeacoor o0 Rio Suite of HTE Applications an ASJ400 JNW Administration Workstations Laser Printer City of Saratoga Diagram of Proposed Computer System Parts I, 11, 111 _ Ethernet Hub Ethernet Hub Planning/Engineering AN PlanninglEngineering Workstations Laser Printer Ethernet Hub Recreation FO-1 Reareaiion Workstations --ftQw Laser Printer IBM ASf400 J'JJ'JJUJ -server Ethernet Hub Corporation ttta to oo( ocoolfa 0 ;vrporation Yard Workstations Laser printer City of Saratoga Diagram of Proposed Computer System Part 11 Project: Tech Plan Reference: Components: Estimated Cost: Tech Plan Budget: Key Funtions: Supplier: File Server NT Software Server Software Hubs Conduit Cabling Elhemet Hub Planning(Engineering City -Wide Network (LAN) No. 4 Pentium Pro File Server Microsoft NT Server Software Shared Server Software Multiple Ethernet Hubs Fiber Optic Backbone Cabling Underground Conduit Category 5 Workstation Cabling $50,000.00 ('96197 $50K) $75,000.00 Links Computers Directs Printing Inter- and Intra- Communications (E -Mail, Public Acces) Program and File Sharing Workflow Integration Multiple Available / Quality, Lowest Price Multiple Available / Lowest Price Multiple Available / Quality, Lowest Price Multiple Available / Quality, Lowest Price GTE Sprint ® Donated to City Multiple Available / Lowest Price & Donated to City J yS�ARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 �1 MEETING DATE: April 2, 1997 ORIGINATING DEPT. City Clerk AGENDA ITEM lwa CITY MGR. / SUBJECT: SELECTION OF COUNCILMEMBER TO SERVE ON LIBRARY EXPANSION COMMITTEE Recommended Motion: Select Councilmember, then adopt resolution. Report Summary: One of the Library Commission's recommendations approved by the City Council on March 19 concerned formation of the Library Expansion Committee. A City Councilmember needs to be designated to serve on the Committee. Attached is Resolution 96 -65, which is the most recent resolution appointing Council representatives to various bodies. Also attached is a new resolution amending Resolution 96 -65. Staff requests that the Council decide which Councilmember is to serve on the Committee. That name will be filled in on the resolution. Fiscal Impacts: None Attachments: 1. Resolution 96 -65 2. Resolution 96 -65.1 Follow Up Actions: Library Commission staff liaison will contact designated Councilmember concerning meetings. J RESOLUTION NO. 96 -65 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO VARIOUS COMMITTEES AND AGENCIES WHEREAS, the City Council reorganized on December 3, 1996, for the coming year; and representatives from the City Council serve on various committees, commissions and agencies, and the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City and the needs of the various organizations to which the City Council sends representatives, the following representatives are hereby appointed to the committees, commissions and agencies named, through December 10, 1997, or until replaced. Agency Assoc. of Bay Area Governments Community Access TV Board County Cities Assn. Leg. Task Force County HCD Policy Committee Emergency Planning Council Hakone Foundation Liaison Joint Venture Silicon Valley Library Joint Powers Agency No. Cent. Flood Control Adv. Bd. Penin. Div., League of Cal. Cities Santa Clara Valley Water Dist. Santa Clara County Cities Assn. /City Selection Committee School Liaison Sister City Liaison Traffic Auth. Policy Adv. Bd. SASCC Liaison Saratoga Business Dev. Council Valley Transportation Authority Valley Transportation Authority PAC West Valley Sanitation District Councilmember Wolfe Shaw Wolfe Jacobs Moran Bogosian Wolfe Bogosian Bogosian Wolfe Jacobs Bogosian /Moran Jacobs Shaw Moran Shaw Wolfe Wolfe Bogosian Moran The above and foregoing resolution was passed and adopted by the Saratoga City Council at a meeting held on the 10th day of December, 1996, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor SARATOGA CITY COUNCIL EXECUTIVE SUMMARY N0. —,700F MEETING DATE: APRIL 2, 1997 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM 8� CITY MGR.: DEPT. HEAD: SUBJECT: Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 97 -98 Recommended Motion(s): 1. Move to adopt the Resolution preliminarily approving the Engineer's Report for the District for FY 97 -98. 2. Move to adopt the Resolution of Intention to reauthorize the District for FY 97 -98. Report Summary: Attached are the next two Resolutions the Council must adopt to continue the process for reauthorizing the Landscaping and Lighting Assessment District LLA -1 for FY 97 -98. Briefly, the two resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 1997 -1998 - This is the resolution required by Streets & Highways Code Section 22623 which grants preliminary approval of the Engineer's Report for the reauthorization of the existing District for FY 97 -98. Note: The Engineer's Report and preliminary assessment schedule will be presented to you at your meeting. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 1997 -1998 - This is the resolution required under S &H 22624 which, among other things, fixes the dates and times for the required Public Meeting and Hearing. Those dates are May 7 and May 21 respectively. Both Resolutions must be adopted by separate vote at your meeting to continue the process of reauthorizing the District for another year on a schedule consistent with the adoption of the FY 97 -98 budget. Fiscal Im ap cts: There are no direct fiscal impacts on the City's General Fund from the Landscaping & Lighting Assessment District. All of the costs associated with the District are recovered via the assessments. A summary of the proposed funding of the District for FY 97 -98 will be presented to you at your meeting as part of the Engineer's Report. Nothing additional at this time. After your meeting, the Resolution of Intention will be published and mailed, along with a separate notice to those property owners whose properties are subject town increased assessment, informing them of the upcoming Public Meeting and Hearing, and which will include for the first time, the ballot required under Proposition 218. Consequences of Not Acting on the Recommended Motions: The process for reauthorizing the District for next year would not continue. Follow Up Actions: The Resolution of Intention will be published and mailed with the required notices and Proposition 218 ballots to certain property owners. Attachments: 1. Resolutions (2). CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 97 -98 CAWK\LLA9798P ZONE 1 ZONE 2 ZONE 3 ZONE 4A ZONE 4B ZONE 5 ZONE 6 ZONE 7A # OF PARCELS 29 85 176 602 94 113 64 470 FACTOR 0.0081 0.0238 0.0494 0.1689 0.0264 0.0317 0.0180 0.1318 EXPENDITURES 3010 WAGES $175.13 $513.31 $1,062.86 $1,712.28 $567.66 $321.41 $182.04 $1,336.83 Public Works Dir. 36.82 107.91 223.44 764.28 119.34 143.46 81.25 596.70 Parks Maint. Sup't. 92.65 271.55 562.26 300.30 Admin. Sec'y. 17.51 51.33 106.29 363.56 56.77 68.24 38.65 283.85 Sr. Clerk- Typist 28.15 82.52 170.87 584.44 91.26 109.70 62.13 456.29 Park Maint. Leadworker Park Maint. Worker II 3030 BENEFITS $51.85 $151.97 $314.66 $441.58 $168.06 $82.89 $46.95 $344.75 Public Works Dir. 10.00 2930 60.67 207.53 32.41 38.96 22.06 162.03 Parks Maint. Sup't. 30.58 89.62 185.57 99.11 Admin. Sec'y. 4.02 11.78 24.39 83.42 13.03 15.66 8.87 65.13 Sr. Clerk- Typist 7.26 21.27 44.04 150.63 23.52 28.27 16.01 117.60 Park Maint. Leadworker Park Maint. Worker II 4510 CONTRACT SERVICES 4515 LEGAL SERVICES $4.07 $11.92 $24.68 $84.43 $13.18 $15.85 $8.98 $65.92 4520 ENGINEERING SERVICES $48.60 $142.44 $294.93 $1,008.79 $157.52 $189.36 $107.25 $787.60 Engineer's Report 48.60 142.44 294.93 1,008.79 157.52 189.36 107.25 787.60 New Parcel Charge 4530 REPAIR SERVICES $90.00 $180.00 $330.00 $1,800.00 4535 MAINTENANCE SERVICES $600.00 $1,200.00 $2,220.00 $12,000.00 5312 POSTAGE 5320 ADVERTISING $4.07 $11.92 $24.68 $84.43 $13.18 $15.85 $8.98 $65.92 5351 WATER $310.00 $135.00 $375.00 $3,600.00 5352 POWER $0.00 $0.00 $0.00 $10,000.00 $600.00 $1,975.00 $2,400.00 $5,775.00 Controllers 600.00 Streetlights 10,000.00 0.00 1,975.00 2,400.00 5,775.00 SUB -TOTAL $1,283.71 $2,346.56 $4,646.82 $13,331.52 $18,919.61 $2,600.35 $2,754.18 $8,376.02 5700 GEN. GOVT. SUPPORT $168.97 $495.27 $1,025.50 $1,652.09 $547.71 $310.11 $175.64 $1,289.64 TOTAL EXPENDITURES $1,452.68 $2,841.83 $5,672.32 $14,983.61 $19,467.32 $2,910.46 $2,929.82 $9,665.86 ( -) ESTIMATED PROPERTY TAXES $1,470.00 $285.00 $2,055.00 $19,195.00 $6,560.00 $9,665.86 ( -) CARRYOVER FROM FY 96 -97 $533.50 $274.34 ($3,581.97) $9,730.34 $0.00 $11,082.22 ($302.80) $13,286.58 (_) TOTAL TO ASSESS ($550.82) $2,282.49 $7,199.29 ($13,941.73) $19,467.32 ($14,731.76) $3,232.62 ($13,286.58) ( +) CARRYOVER NOT ASSESSED ( +) CARRYOVER TO FY 98 -99 $550.82 $13,941.73 $14,731.76 $13,286.58 (_) NET TO ASSESS $0.00 $2,282.49 $7,199.29 ($0.00)$19,467.32 $0.00 $3,232.62 ($0.00) CALCULATED ASSESSMENT $0.00 $26.85 $40.91 ($0.00) $207.10 $0.00 $50.51 ($0.00) CAWK\LLA9798P CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 97 -98 # OF PARCELS FACTOR ZONE 7B EXPENDITURES 3010 WAGES ZONE 12 Public Works Dir. ZONE 15 Parks Maint. Sup't. 292 Admin. Sec'y. 9 Sr. Clerk- Typist 9 Park Maint. Leadworker 41 Park Maint. Worker II 3030 BENEFITS 0.0025 Public Works Dir. 0.0025 Parks Maint. Sup't. 0.0115 Admin. Sec'y. $830.54 Sr. Clerk- Typist $54.35 Park Maint. Leadworker $54.35 Park Maint. Worker II 4510 CONTRACT SERVICES 4515 LEGAL SERVICES 4520 ENGINEERING SERVICES 11.43 Engineer's Report 52.05 New Parcel Charge 4530 REPAIR SERVICES 4535 MAINTENANCE SERVICES 5312 POSTAGE 5320 ADVERTISING 5351 WATER 5352 POWER 5.44 Controllers 24.76 Streetlights ZONE 7B ZONE 9 ZONE 10 ZONE 11 ZONE 12 ZONE 14 ZONE 15 ZONE 16 292 48 9 250 9 20 41 55 0.0819 0.0135 0.0025 0.0701 0.0025 0.0056 0.0115 0.0154 $830.54 $289.87 $54.35 $1,509.75 $54.35 $120.78 $247.60 $332.14 370.71 60.94 11.43 317.39 11.43 25.39 52.05 69.83 $9,085.14 153.34 28.75 798.67 28.75 63.89 130.98 175.71 176.35 28.99 5.44 150.98 5.44 12.08 24.76 33.22 283.48 46.60 8.74 242.71 8.74 19.42 39.80 53.40 $214.19 $85.82 $16.09 $446.97 $16.09 $35.76 $73.30 $98.33 100.66 16.55 3.10 86.19 3.10 6.89 14.13 18.96 $64.03 50.61 9.49 263.59 9.49 21.09 43.23 57.99 40.46 6.65 1.25 34.64 1.25 2.77 5.68 7.62 73.06 12.01 2.25 62.55 2.25 5.00 10.26 13.76 $2,100.00 $90.00 $1,000.00 $200.00 $40.95 $6.73 $1.26 $35.06 $1.26 $2.81 $5.75 $7.71 $489.32 $80.44 $15.08 $418.93 $15.08 $33.51 $68.71 $92.17 489.32 80.44 15.08 418.93 15.08 33.51 68.71 92.17 $180.00 $70.00 $160.00 $160.00 $160.00 $405.00 $210.00 $1,200.00 $472.50 $1,080.00 $1,080.00 $1.050.00 $2,700.00 $1,380.00 $40.95 $6.73 $1.26 $35.06 $1.26 $2.81 $5.75 $7.71 $1,525.00 $700.00 $690.00 $275.00 $450.00 $575.00 $0.00 $194.40 $43.80 $0.00 $0.00 $97.20 $0.00 $275.00 194.40 43.80 97.20 275.00 -------------------------------------------------------- SUB -TOTAL $1,615.95 $5,668.99 $1,464.35 $5,375.77 $1,603.05 $2,152.86 $4,081.11 $2,403.07 5700 GEN. GOV'T. SUPPORT $801.35 $279.68 $52.44 $1,456.67 $52.44 $116.53 $238.89 $320.47 TOTAL EXPENDITURES $2,417.30 $5,948.67 $1,516.79 $6,832.45 $1,655.49 $2,269.40 $4,320.00 $2,723.54 ( -) ESTIMATED PROPERTY TAXES ( -) CARRYOVER FROM FY 96 -97 $2,417.30 ($920.44) ($4,289.07) ($2,252.69) ($834.89) $122.72 ($3,598.95) ($798.15) (_) TOTAL TO ASSESS ($0.00) $6,869.11 $5,805.86 $9,085.14 $2,490.38 $2,146.68 $7,918.95 $3,521.69 ( +) CARRYOVER NOT ASSESSED ($3,216.80) ($626.17) ($2,699.21) ( +) CARRYOVER TO FY 98 -99 (_) NET TO ASSESS ($0.00) $6,869.11 $2,589.06 $9,085.14 $1,864.21 $2,146.68 $5,219.74 $3,521.69 CALCULATED ASSESSMENT ($0.00) $143.11 $287.67 $36.34 $207.13 $107.33 $127.31 $64.03 CAWK\LLA9798P 1 r CITY OF SARATOGA LLA -1 PRELIMINARY ASSESSMENT SCHEDULE FY 97 -98 C: \WK\LLA9798P ZONE 17 ZONE 18 ZONE 22 ZONE 24 ZONE 25 TOTAL # OF PARCELS 200 11 862 120 15 3565 FACTOR 0.0561 0.0031 0.2418 0.0337 0.0042 1.0000 EXPENDITURES 3010 WAGES $1,207.80 $66.43 $6,205.60 $13,476.68 $90.58 $29,358.00 Public Works Dir. 253.91 13.97 1,094.37 152.35 19.04 $4,526.00 Parks Maint. Sup't 638.93 35.14 2.753.80 383.36 47.92 $6,466.00 Admin. Sec'y. 120.79 6.64 520.59 72.47 9.06 $2,153.00 Sr. Clerk- Typist 194.17 10.68 836.85 116.50 14.56 $3,461.00 Park Maint. Leadworker $6,929,00 $6,929,00 Park Maint. Worker II $5,823.00 $5,823.00 3030 BENEFITS $357.57 $19.67. $1 ,541.14 $4,453.54 $26.82 $8,988.00 Public Works Dir. 68.95 3.79 297.17 41.37 5.17 $1,229.00 Parks Maint. Sup't 210.87 11.60 908.85 126.52 15.82 $2,134.00 Admin. Sec'y. 27.71 1.52 119.45 16.63 2.08 $494.00 Sr. Clerk- Typist 50.04 2.75 215.68 30.03 3.75 $892.00 Park Maint. Leadworker 2,398,00 $2.398,00 Park Maint. Worker II 1,841,00 $1,841,00 4510 CONTRACT SERVICES $110,00 $9,000,00 $2,500,00 $9,000.00 4515 LEGAL SERVICES $28.05 $1.54 $120.90 $16.83 $2.10 $500.00 4520 ENGINEERING SERVICES $335.15 $18.43 $1,444.48 $201.09 $127.89 $6,076.75 Engineer's Report 335.15 18.43 1,444.48 201.09 25.14 $5,974.00 New Parcel Charge 102.75 $102.75 4530 REPAIR SERVICES $ 315.00 $85.00 $585.00 $570.00 $5,300.00 4535 MAINTENANCE SERVICES $2, 100.00 $ 577.50 $3, 900.00 $3,800.00 $2,500.00 $37,860.00 5312 POSTAGE $0,00 5320 ADVERTISING $28.05 $1.54 $120.90 $16.83 $2.10 $500.00 5351 WATER $1,000.00 $250.00 $775.00 $1,925.00 $1,000.00 $13,585.00 5352 POWER $97.20 $53.40 $185.00 $17,735.00 $97.20 $39,528.20 Controllers 97.20 53.40 185.00 97.20 97.20 $1,740.40 Streetlights 17,637.80 $37,787.80 SUB -TOTAL $5,468.82 $1,183.51 $16,878.03 $44,694.97 $3,846.70 $150,695.95 5700 GEN. GOVT. SUPPORT $1,165.34 $64.09 $5,022.62 $13,002.94 $87.40 $28,326.00 TOTAL EXPENDITURES $6,634.16 $1, 247.61 $21,900.64 $57,697.91 $3,934.10 $179,021.95 ( -) ESTIMATED PROPERTY TAXES $19,309,14 $58,540,00 ( -) CARRYOVER FROM FY 96 -97 ($803.05) $121.05 ($7, 413.76) $38,388.77 $0.00 $51,161.05 (_) TOTAL TO ASSESS $7,437.21 $1, 126.56 $29 ,314.40 $0.00 $3,934.10 $69,320.90 ( +) CARRYOVER NOT ASSESSED ($6,542,18) ( +) CARRYOVER TO FY 98 -99 $42,510.89 (_) NET TO ASSESS $7,437.21 $1, 126.56 $29,314.40 $0.00 $3,934.10 $105.289.61 CALCULATED ASSESSMENT $37.19 $102.41 $34.01 N/A $262.27 C: \WK\LLA9798P ,i SARAT03A LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 t (1) - Zones 0, S. 19, 20 & 21 merped to creme Zone 24. (2) - Zone dissolved on 5/20/92. (3) - Zone dssolved In FY 96 -97. C:\WK\LLA-SUM.WKI ANNUAL ASSESSMENTS 'J ZONE DATE 80 -81 81 -82 82 -83 83 -84 84 -85 85 -88 86 -87 87 -88 88 -89 89 -90 90 -91 91 -92 92 -93 93 -94 94 -95 95 -98 98 -97 97 -98 CREATED - - - - - -- 0 (7C) -------------------------------------------------------------------------------------------------- 4/18/80 $102.01 59250 592.58 $W.80 $21.02 $34.58 $35.38 $21.60 $21.88 $21.88 $14.84 $73.56 $49.72 57284 (1) 1 4/18/80 $34.26 $10.54 $0.00 $10.90 58.80 5203.78 5207.82 $113.70 $113.54 $105.94 $95.12 $101.54 58220 $90.32 $77.88 $33.88 $0.00 $0.00 2 4/18/80 $11.30 55.82 $6.18 $8.82 $7.86 $8.88 $35.14 $27.40 $29.66 $3200 $34.62 $36.50 $5.98 $18.15 $118.68 $40.04 $18.48 $26.85 3 4 /10/80 $4.76 $4.48 50.00 $0.00 $4.20 $11.00 $8.70 $20.50 $23.08 548.82 $13.14 $15.36 $25.80 $45.21 $25.26 $3252 $24.66 $40.91 4A 4/16/80 $20.95 $18.54 $0.00 52.00 5230 $5.86 $6.70 $2.26 $1.88 $1.80 $1.00 5210 $23.84 $0.00 $0.00 $0.00 $0.00 $0.00 4B 7/1/97 $207.10 5 4/16/80 $23.52 $21.28 5212 $0.84 $1.24 $5.00 $6.58 $5.14 $4.98 $4.98 $8.24 $8.40 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 0 4/18/80 $4203 $36.88 $0.00 $15.68 $11.32 $14.78 $16.94 $10.54 $10.60 $10.60 $8.02 $8.58 $0.00 $0.00 $25.40 $5250 $0.00 $50.51 7(M 4/16/80 $10.41 $8.90 $8.08 $5.78 $254 $2.50 $3.32 $3.14 $2.64 $2.04 $3.78 $4.26 $8.68 $0.00 $10.88 $0.00 $0.00 $0.00 8 (VPD 01) 4/18/80 $289.07 $48.28 10.00 $0.00 $0.00 $0.00 $213.80 $341.32 $330.38 $117.20 $O.OD $133.36 $0.00 $0.00 (1) 9 5/4183 $05.00 $84.80 $53.52 $90.82 $87.40 $113.74 $157.20 $130.74 $144.82 $138.82 $101.30 $189.92 $201.02 $175.58 $143.11 10 4/18184 $1,410.00 $0.00 $187.34 $ 188.28 $234.70 $ 435.80 $ 348.74 $385.90 $371.12 $ 326.17 $44258 $337.98 $337.48 $287.07 11 4/18/84 $14.32 65.00 $8.38 $7.70 $8.04 $8.78 $9.58 $10.72 $11.32 $15.48 $19.02 $13.80 $9.38 $38.34 12 4/17/85 $172.00 $153.02 $154.16 $168.04 $ 188.04 $209.84 $22280 $24242 $203.01 $380.00 $307.22 $285.98 $207.13 13 4/17/85 $18.00 $5.24 $3.04 53.80 $3.80 $3.70 $3.16 $0.00 $0.00 $3.46 $11.24 (3) 14 4/17/85 $14210 $121.30 $107.04 $114.48 $152.48 $137.56 $148.72 $19274 $110.10 $204.58 $193.40 $70.18 $107.33 15 4/17/85 $222.00 $170.70 $87.44 $53.76 $128.18 $10280 $100.72 $98.90 $227.39 $202.04 $148.92 $145.12 $127.31 10 4/16/88 52,378.44 $3.04 $3.22 $3.22 $59.88 $40.58 $45.18 $4258 554.40 $40.80 $30.42 $64.03 17 4/15/87 $10.00 $7.70 $7.70 $8.72 $8.88 $0.00 65.08 $25.20 $213.18 $210.50 $37.19 18 4/15/87 $50.00 $8.08 $135.18 $154.58 $184.94 $88.10 $0.00 $0.00 $104.50 $64.28 $102.41 19 (VPD I2) 4/19/89 $1,851.00 $1,520.30 $5,243.00 $8,989.78 $13,820.00 (1) 20 (VPD /3) 4/19/89 $8,41200 $8,414.00 $14,092.00 $18,770.02 $21,25235 (1) 21 (VPD /4) 4/19/89 $0.00 $977.78 $2,933.00 $5,408.00 $14,385.58 (1) 22 4/17/91 $36.00 $0.00 $13.21 $2258 $21.08 $9.98 $34.01 23 5/1/91 $110.00 (2) 24 8/3/94 $0.00 $0.00 $0.00 $0.00 25 7/1 /97 $28227 (1) - Zones 0, S. 19, 20 & 21 merped to creme Zone 24. (2) - Zone dissolved on 5/20/92. (3) - Zone dssolved In FY 96 -97. C:\WK\LLA-SUM.WKI