HomeMy WebLinkAbout07-22-1997 CITY COUNCIL staff reportst
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: July 22, 1997
AGENDA ITE
CITY MGR.:
ORIGINATING DEPT.:COMMUNITY ENVIRONMENT DEPT. HEAL
SUBJECT: 1997 Pavement Management Program - Award of Construction
Contract
Recommended Motion(s):
1. Move to declare O'Grady Paving, Inc. Of Mountain View to be the
lowest responsible bidder on the project.
2. Move to award a construction contract to O'Grady Paving, Inc. in
the amount of $207,013.
3. Move to authorize staff to execute change orders to the contract
up to $20,000.
Report Summary:
Sealed bids for the 1997 Pavement Management Program were opened on
July 17. The work involves overlaying Saratoga Avenue from Highway
9 to Baroni Court, constructing a new asphalt pathway and
rehabilitating the existing asphalt pathway along the south side of
Saratoga Avenue from 14118 Saratoga Avenue to Baroni Court (this
portion of the project is funded by a $21,423 TDA Article 3 grant
awarded to the City in F.Y. 1994 -95), and installing an asphalt
concrete berm along Saratoga Avenue within the limits of the
pedestrian pathway improvements. Together, these improvements will
measurably improve ride quality, storm drainage, and pedestrian
safety.
A total of three contractors submitted bids for the work and a
summary of the bids received is attached (Attachment 1) . O'Grady
Paving, Inc. of Mountain View, which has previously worked for the
City, submitted the lowest bid of $207,013 which is 8.3% below the
Engineer's Estimate of $225,798. Staff has carefully checked the
bid along with the listed references and has determined that the
bid is responsive to the Notice Inviting Sealed Bids dated June 25.
It is therefore recommended that the Council declare O'Grady
Paving, Inc. to be the lowest responsible bidder on the project,
and award the attached construction contract (Attachment 2) 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 $20,000 to cover any unforeseen
circumstances which may arise during the course of the work.
Fiscal Impacts:
Funding for this work is programmed in the adopted budget in
Activity 31 (Street Maintenance), Account No. 4510 (Contract
Services), and in Capital Project No. 9501 (Arterial Sidewalks).
The adopted budget contains sufficient funds to cover both the base
contract and recommended change order amounts.
Advertising, Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
O'Grady Paving, Inc. will not be declared the lowest responsible
bidder and a construction contract will not be awarded to that
firm. The Council may make specific findings to declare another
bidder to be the lowest responsible bidder, or reject all of the
bids and direct staff to re -bid the entire project. However, staff
does not believe that a lower bid will be obtained by re- bidding
the project due to the competitive nature of the current bids
received.
Follow Up Actions:
The contract will
Notice to Proceed.
through the end of
Attachments:
De executed and the contractor will be issued a
Work will begin in early August and last
September.
1. Bid Summary.
2. Construction Contract.
CITY OF SARATOGA
BID SUMMARY: 1997 PAVEMENT MANAGEMENT PROGRAM
BID OPENING DATE: JULY 17, 1997
ENGINEER'S ESTIMATE
O'GRADY PAVING, INC.
ITEM #
ITEM DESCRIPTION
QUANTITY
I UNITS
UNITPRICE TOTAL
UNIT PRICE
TOTAL
1.
TRAFFIC CONTROL
1
1 LS
I I N/A 1 $7,500.00
N/A
1 $10,000.00 1
2.
CLEARING AND GRUBBING
1
1 LS
I I N/A 1 $2,500.001
N/A
1 $2,000.00 1
3.
GRADING (EARTHWORK)
1 1001
CY
11 $25.00
1 $2,500.001
$40.00
1 $4,000.00
4.
SUBGRADE PREPARATION
1 1.5001
SF
11 $0.751
$1,125.001
$1.001
$1.500.001
5.
REMOVE & REPLACE BARRICADE.
1
1 LS
N/A
$1,50100
N/A
$1,000.00
6.
REMOVE A.C. BERM
1 1301
SF
I 1 $10.00
1 $1,300.001
$5.001
$650.00 1
7.
REPAIR FAILED STREET SECTION
1 1,7001
SF
1 1 $5.501
$9,350.001
$5.701
$9,690.00
8.
ASPHALT CONCRETE OVERLAY
1 3.0001
TON
11 $42.00
1 $126,000.00
$39.00
$117,000.00
9.
ASPHALT CONCRETE BERM
1 1 ,850
1 LF
1 1 $7.001
$12,950.00
1 $2,501
$4,625.00 1
1
10.
ASPHALT CONCRETE PATH
( 1,5001
SF
11 $4.001
$6,000.001
$3,001
$4,500.00 1
1
ii.
A. C. PATH OVERLAY
1 1001
SF
11 $70.00
1 $7,000.001
$75.00
1 $7,500.00
12.
GRIND PAVEMENT
1 8.2001
SF
1 1 $0.75
1 $6,150.001
$0.501
$4,100.00 1
13.
1 WEDGE CUT
1 9.1001
LF
1 1 $1.251
$11.375.001
$1.001
$9,100.00
14.
PAVEMENT FABRIC
4.4001
SY
I 1 $0.90
1 $3.960.001
$1.001
$4,400.00
15.
ADJUST STORM MH TO GRADE
11
EA
$250.00
1 $2,750.00
1 $300.00
1 $3,300.00
16.
ADJUST MONUMENTS TO GRADE
4
EA
$150.00
$600.00
$200.00
$800.00
17.
PAINT TRAFFIC STRIPE -S.D. #2
1 2.7001
LF
1 1 $0.251
$675.00
1 $0.11
1 $297.00
18.
PAINT TRAFFIC STRIPE -S.D. #22
1 2,000
1 LF
1 1 $0.501
$1,000.00
1 $0.301
$600.00
19.
PAINT TRAFFIC STRIPE -S.D. #38
1 1001
LF
1 1 $0.501
$50.00
1 $0.601
$60.00
20.
PAINT TRAFFIC STRIPE -S.D. #39
1 11,350
LF
$0.25
$2,837.50
$0.161
$1,816.00 1
21.
PAINT CROSSWALKS
4
EA
$250.00
$1,000.00
$220.00
$880.00
22.
PAINT SCHOOL CROSSWALKS
3
1 EA
I 1 $500.00
1 $1.500.001
$600.00
1 $1,800.00 1
23.
PAINT "SCHOOL"
2
EA
$75.00
$150.00
$80.00
$160.00
24.
PAINT "25"
4
EA
$50.00
$200.00
$30.00
$120.00
25.
PAINT "XING"
4
EA
$50.00
$200.00
$60.00
$240.00
26.
PAINT "BIKE LANE"
20
1 EA
1 1 $50.00 1
1
$1,000.00
$40.00
1 $800.00
1
27.
PAINT "ONLY'
2
1 EA
1 1 $50.00 1
$100.001
$50.00
1 $100.00
28.
PAINT ARROWS
2
EA
$50.00
$100.00
$40.00
$80.00
29.
PAINT "PED"
2
EA
$50.00
$100.00
$40.00
$80.00
30.
PAINT "SLOW"
2
1 EA
1 1 $50.00 1
$100.00
$60.00
1 $120.00
31.
PAINT PARKING STALLS
5
1 EA
$35.00
$175.00
$25.00
$125.00
32.
TYPE A PAVEMENT MARKERS
1 20
1 EA
11 $5.001
$100.00
1 $6.001
$120.00 1
33.
BLUE PAVEMENT MARKERS
1 151
EA
I 1 $10.00
1 $150.00
1 $10.00
1 $150.00
34A.
ADJUST SANITARY MH TO GRADE
23
1 EA
$250.00
$5,750.00
$300.00
$6,900.00
35A.
ADJUST TELEPHONE MH TO GRADE
7
1 EA
11 $250.00
1 $1,750.001
$300.00
1 $2,100.00 1
36A.
I ADJUST WATER VALVES TO GRADE
I 41
I EA
I $150.00
I $6,150.001
$150.00
$6,150.00
37A.
ADJUST PG &E GAS VALVE TO GRADE
1
1 EA
$150.00
$150.00
$150.00
$150.00
TOTAL
$225,797.50
$207,013.00
CITY OF SARATOGA
BID SUMMARY: 1997 PAVEMENT MANAGEMENT PROGRAM
BID OPENING DATE: JULY 17, 1997
ITEM*
I
ITEM DESCRIPTION I QUANTITY UNITS 1
I I I I
11.
I
1 TRAFFIC CONTROL I 1 1 LS 1
I I I I
12.
1-1
1 CLEARING AND GRUBBING 1 1
1-1-1
1 LS I
13.
1-1
1 GRADING (EARTHWORK) 1 1001
1-1-1
CY I
14.
1-1
1 SUBGRADE PREPARATION 1
1-1-1
1,5001
SF I
15.
1-1
1 REMOVE & REPLACE BARRICADE. I
1-1-1
1
1 LS 1
16.
1-1
1 REMOVE A.C. BERM I
1-1-1
1301
SF 1
17.
1-1
1 REPAIR FAILED STREET SECTION 1
1-1-1
1,7001
SF 1
18.
1-1
1 ASPHALT CONCRETE OVERLAY 1
1-1-1
3.0001
TON I
19.
1-1
1 ASPHALT CONCRETE BERM 1
1-1-1
1,8501
LF I
110.
1-1
1 ASPHALT CONCRETE PATH 1
1,5001
1-11
SF I
111.
1-1
1 A. C. PATH OVERLAY
1 1001
1
SF I
1 1
112.
1 GRIND PAVEMENT
1
1 8,200
1-1-1
1 SF I
113.
I WEDGE CUT 1
1
9,1001
1-1-1
LF I
114,
I
1 PAVEMENT FABRIC
I
1 4,4001
I
SY I
I I
115.
I
1 ADJUST STORM MH TO GRADE
I
1 11
I
1 EA 1
I I
116.
I
1 ADJUST MONUMENTS TO GRADE 1
I I
41
EA 1
I I
117.
I
1 PAINT TRAFFIC STRIPE -S.D. #2 1
I I
2,700
I LF I
I I
118.
I
I PAINT TRAFFIC STRIPE -S.D. #22 1
I
2,000
I
I LF 1
I I
119.
1-1
1 PAINT TRAFFIC STRIPE -S.D. #38 1
1
1001
LF I
1 1
120.
1-1
1 PAINT TRAFFIC STRIPE -S.D. #39 1
1-1-1
11,3501
LF I
121.
1-1
1 PAINT CROSSWALKS 1
1-1-1
41
EA 1
122.
1-1
1 PAINT SCHOOL CROSSWALKS 1
1
31
EA I
1 1
123.
1-1
1 PAINT "SCHOOL" 1
21
1-1-1
EA I
124.
I
1 PAINT "25'
I
1 41
I
EA I
I I
125.
I
1 PAINT "XING"
I
1 41
I
EA I
I I
126.
1-1
1 PAINT "BIKE LANE"
1 20
1 EA 1
1
127.
I
1 PAINT "ONLY"
I
1 21
I
EA I
I I
128.
1-1
1 PAINT ARROWS
1 21
1-1-1
EA I
129.
1-1
1 PAINT "PED"
1 21
1-1-1
EA 1
130,
I
1 PAINT "SLOW"
I
1 21
I
EA I
I I
131.
I
1 PAINT PARKING STALLS
I
1 51
I
EA 1
I I
132,
I
1 TYPE A PAVEMENT MARKERS
I
1 20
I
1 EA 1
I I
133.
I
1 BLUE PAVEMENT MARKERS
I
1 151
I
EA I
I I
134A.
I
I ADJUST SANITARY MH TO GRADE
I
1 23
I
1 EA 1
I I
135A.
I
I ADJUST TELEPHONE MH TO GRADE
I
1 71
I
EA I
I I
36A.
1 ADJUST WATER VALVES TO GRADE
41
I EA 1
137A.
I ADJUST PG &E GAS VALVE TO GRADE
1 11
EA 1
TOTAL
INC. I GRANITE CONSTRUCTION CO.
UNITPRICE I
I I
TOTAL UNITPRICE TOTAL 1
I I I
N/A 1
I I
$7,500.00 N/A $16,000.00 1
I I I
N/A 1
I I
$2,000.00 N/A 1 $5,850.001
I I I
1 $30.001
I I
$3,000.001 $60.001 $6,000.001
I I I
1 $1.001
I I
$1,500.001 $1.001
I I
$1,500.001
I
I N/A 1
1-1-1-1
$2,500.001 N/A
1 $500.00 1
1
1 $7.001
I I
$910.001
I
$1.001
I
$130.001
I
1 $4.00
I I
1 $6,800.001
I
$7.001
I
$11,900.00 1
I
1 $42.001
I I
$126,000.001
I
$42.001
I
$126,000.001
I
1 $5.001
$9,250.001
1
$3.501
1-1
$6,475.001
1 $4.501
1
$6,750.001
I
$3.501
I
$5,250.001
1
1 $65.001
1-1-1-1
$6,500.001
$80.001
$8,000.001
1
1 $0.601
I
$4,920.001
I I
$0.501
I
$4,100.001
I
1 $1.001
1-1-1-1-1
$9,100.001
$1.001
$9,100.001
1 $1.501
1-1-1-1-1
$6,600.001
$1.001
$4,400.001
1 $280.001
I I
$3,080.001
I
$325.001
I
$3,575.001
I
1 $222.00
I I
1 $888.00
I
1 $265.00
I
1 $1,060.001
I
1 $0.101
I I
$270.001
I
$0.11
I
1 $297.001
I
1 $0.301
1-1-1-1-1
$600.001
$0.441
$880.001
1 $1.001
I I
$100.001
I
$0.401
I
$40.001
I
1 $0.201
I I
$2,270.001
I
$0.201
I
$2,270.001
I
1 $200.00
1-1-1-1-1
1 $800.00
1 $480.00
1 $1 ,920.00 1
1 $500.00
I
1 $1,500.00
I I
1 $480.00
1 $1,440.00 1
I I
1 $75.001
I
$150.001
I
$67.001
I
$134.001
I I
1 $25.001
I
$100.001
I
$34.001
I
$136.001
I I
1 $50.001
I
$200.001
I
$40.001
I
$160.001
I I
1 $30.001
I
$600.001
I
$19.001
I
$380.001
I I
1 $45.001
I
$90.001
I
$42.001
I
$84.001
I I
1 $30.001
I
$60.001
I
$28.001
I
$56.001
I I
1 $36.001
I
$72.001
I
$35.001
I
$70.001
I I
1 $50.001
I
$100.001
I
$44.001
I
$88.001
I I
1 $20.001
1-1-1-1
$100.001
$11.001
$55.001
1
1 $5.001
$100.001
$2.001
I
$40.001
1
1 $10.001
$150.001
$3.001
1
$45.001
1
1 $280.001
$6,440.001
I
$325.001
$7,475.001
1
1 $350.001
1-1-1
$2,450.001
$325.001
$2,275.001
1 $180.001
$7,380.001
-1-1
$265.001
$10,865.001
I $180.001
I
$180.001
I
$265.001
I
$265.001
I I
$221,010.00
I
1
1 $238,815.00 1
1
CITY OF SARATOGA
SANTA CLARA COUNTY, CALIFORNIA
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
1997 PAVEMENT MANAGEMENT PROGRAM
THIS CONTRACT, made this 22nd day of July, 1997, by and between the City of
Saratoga, a Municipal Corporation, in Santa Clara County, California, hereinafter called
the City, and
hereinafter called the Contractor.
O'Grady Paving, Inc.
WITNESSETH:
WHEREAS, the City has caused to be prepared in the manner prescribed by law,
plans, specifications and other contract documents, for the work herein described and
shown and has approved and adopted these contract documents; specifications and
plans and has caused to be published in the manner and for the time required by law, a
Notice Inviting Sealed Bids for doing the work in accordance with the terms of this
Contract, and
WHEREAS, the Contractor in response to said Notice has submitted to the City a
sealed bid proposal accompanied by a bid guaranty in an amount not less than ten
percent (10 %) of the amount bid for the construction of all of the proposed work in
accordance with the terms of this Contract, and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined
and canvassed the bids submitted and as a result has determined and declared the
Contractor to be the lowest responsible bidder and has duly awarded to the Contractor
a contract for all of the work and for the sum or sums named in the bid proposal and in
this Contract.
NOW, THEREFORE, THE PARTIES, AGREE AS FOLLOWS:
ARTICLE I. WORK TO BE DONE:
That the Contractor shall provide all necessary labor, machinery, tools, apparatus and
other means of construction; shall furnish all materials, superintendence and overhead
expenses of whatever nature necessary to construct all of the improvements for the
City of Saratoga in conformity with the plans, specifications and other contract
documents and according to such instructions as may be given by the Saratoga
Director of Community Environment or his authorized agent.
ARTICLE II. CONTRACT PRICES
Except as provided in Section IV B of the Specifications ( "Changes and Extra Work "),
the City shall pay the Contractor according to the prices stated in the bid proposal
submitted by the Contractor, which shall include all applicable taxes, for complete
performance of the work.
The Contractor hereby agrees to accept such payment as full compensation for all
materials and appliances necessary to complete the work; for all loss or damage
arising from the work or from action of the elements, or from any unforeseen obstruc-
tion or difficulties which may be encountered in the prosecution of the work; incurred in
and in consequence of the suspension or discontinuance of the work; as hereby
specified; for all liabilities and other insurance; for all fees or royalties or other ex-
penses on account of any patent or patents; for all overhead and other expenses
incident to the work and expected profits; and for well and faithfully performing and
completing the work within the time frame specified in the Notice to Proceed, all
according to the contract plans and specifications, the details and instructions, and the
requirements of the City.
ARTICLE Ill. PARTS OF THE CONTRACT:
That the complete contract document consists of the following:
1. Notice Inviting Sealed Bids 6. Performance Bond
2.
Bid Proposal
7.
Labor and Material Bond
3.
Bidder's Bond or Bid Guaranty
8.
Plans
4.
Contract for Public Works
9.
Specifications
Construction
10.
Insurance Certificates
5.
Hold Harmless Clause
11.
Prevailing Wage Rate
In case of any conflict between this Contract and any other part of the contract, this
Contract shall be binding.
IN WITNESS WHEREOF, the City has caused its corporate name to be hereunto
subscribed and its corporate seal to be hereunto affixed by its City Manager and its
City Clerk thereunto duly authorized and the Contractor has executed these presents
the day and year hereinabove written.
AWARDED BY CITY COUNCIL:
Date: July 22, 1997
ATTEST:
City Clerk
The foregoing Contract is
approved as to form this
day of ,
19
City Attorney
CITY OF SARATOGA:
CONTRACTOR:
By
Title
License No.
Tax ID or SSN
"Funds verified Contract No.
Finance Office Date
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
4
MEETING DATE: July 22, 1997 CITY MGR.
fz
' •
ORIGINATING DEPT.: Administrative Services
SUBJECT: PARK DEVELOPMENT FUND INTEREST
Recommended Motion(s): Information only.
Report Summary: At their May 5, 1997 meeting, the Parks and Recreation Commission inquired about
the accounting, use and amount of interest earned on Park Development funds. The purpose of this
memorandum is to respond to the Commission's inquiry and inform them of the City's policy on this
matter.
Relevant Statutes: The extraction and use of park development fees is set forth in the state and
municipal law. Pursuant to Section 66477 of the Government Code (the Map Act), the City may
impose, by ordinance, a fee to be paid in lieu of dedicating land for park or recreational purposes as a
condition to the approval of a tentative map or parcel map. The Map Act is silent with respect to the
use of interest. Saratoga Municipal Code (SMC) Section 14- 25.080(d) goes on to state that all fees
collected shall be used only for the purpose of providing park and recreational facilities reasonably
related to serving the subdivision or site by way of purchase of necessary land or, in the event sufficient
land is available, for improving such land for park and recreational purposes, or both. Saratoga
Municipal Code Section 14- 25.080(d) further states that interest earned on the accumulated fees may
be used for the maintenance of any existing parks in the Ci , , so long as such use is permitted under the
Map Act.
The Governmental Accounting Standards Board Codification Section 1300, et seq. enumerates the
accounting policies for governments. Generally accepted accounting principles, or GAAP, states that a
capital project fund may be used to account for the acquisition or construction of major facilities, i.e.
park and recreation facilities. GAAP also states that unless there is a compelling reason (e.g. legal
requirement) to report financial resources in another fund, the General Fund reports all activities.
Accordingly, Saratoga reports park maintenance activities in the General Fund.
City's Accounting Practices and Use o Funds: The City follows the relevant GAAP and legal statutes
when accounting for park development fees and the use of interest earned on accumulated funds. Park
development fees and the related acquisitions or construction of park and recreational facilities are
accounted for in a capital project fund. Park maintenance activities are accounted for in the General
Fund. Pursuant to SMC 14- 25.080(d), interest earned on accumulated balances in the Park
Development Fund are transferred to the General Fund to offset the cost of park maintenance. This
transfer is subject to an accounting of eligible costs. In other words, the City does not transfer more
interest than eligible costs. In the last three fiscal years, the City's park maintenance costs far exceeded
the interest earned on accumulated funds. Therefore, all interest was transferred. The City's
independent auditor's annually review these practices and have given the City the highest level of
assurance (i.e. an unqualified opinion) on our financial statements. The City Attorney and
Administrative Services Director have also reviewed the Map Act for restrictions on the use of interest.
No restrictions were identified.
Amounts Involved: The following schedule lists the amount of Park Development interest transferred
and park maintenance costs incurred or estimated by the City:
Fiscal Year.
Park Development
%
Park Maintenance
Costs
Source
1994/95
$16,448.50
$348,926.54
Audit
1995/96
$64,455.71
$363,054.57
Audit
1996/97
$97,283.72
$653,023.00
Estimate
1997/98
$57,466.00
$611,538.00
Budget
The schedule above illustrates that eligible park maintenance costs far exceed the amount of interest
earned on accumulated park development funds.
For reference purposes, the Park Development fund balance as of June 30, 1997 was $2,178,593. The
City's average rate of return in FY 1996/97 was approximately 5.39 %.
Concluding Remarks: The City's current practice of transferring interest on Park Development funds
to cover park maintenance costs in the General Fund is fiscally sound and prudent. This practice
provides a viable, but not always reliable, solution to offsetting the cost of maintaining the City's
existing parks which were, in part, developed as a result of collecting the fees. Furthermore, this
practice helps reduce the need to increase user fees and taxes or cut services when funds are available.
Fiscal Impacts: Not applicable.
Follow Up Actions: None.
Consequences of Not Acting on the Recommended Motions: Not applicable.
Attachment
c:\execsurtun\exsm0718.97
2
iii- 25.080
(d) Use of fees. All fees collected under this Section
shall be used only for the purpose of providing park or
recreational facilities reasonably related to serving the
subdivision or site by way of purchase of necessary land
or, in the event sufficient land is available, for improving
of such land for park and recreational purposes, or both.
Interest earned on the accumulated fees may be used for
the maintenance of any existing parks in the City, so long
as such use is permitted under the Map Act.
(e) Requirement of both dedication and fees.' Both
dedication of a portion of land, together with the payment
of fees may be required in accord with the following
criteria:
(1) Where only a portion of the land to be subdivided
or developed is proposed in the recreation element of
the General Plan as a site for a local park or recreational
area, such portion shall be dedicated for local park purpos-
es and a fee computed pursuant to Paragraph (c) of this
Section shall be paid for any additional land that would
have been required to be dedicated pursuant to Paragraph
(b) of this Section.
(2) Where a major part of the local park or recreational
area has already been acquired by the City and only a
portion of land is needed from the subdivision or building
site to complete such park, such remaining portion shall
be dedicated and a fee computed as hereinabove set forth
shall be paid in an amount equal to the value of the land
which would otherwise have been required to be dedicated
for the balance thereof. '
(f) Property not included in General Plan. Where
the proposed subdivision or building site lies within an
urban service area not yet shown and delineated on the
General Plan of the City, by reason of it not having been
a part of the City at the time of the adoption of the
General Plan, but intended to be included within the
General Plan, the subdivider or owner shall dedicate land,
or pay a fee in lieu thereof, or both, in accord with the
adopted park and recreational policies and standards of
the General Plan and the provisions of this Section, and
whether land dedication, or fee in lieu thereof, or a
combination of both shall be required, shall be determined
upon consideration of the following:
(1) Recreational element of the General Plan.
(2) Topography, geology, access and location of land
in the subdivision or site available for dedication.
(3) Size and shape of the subdivision or site and land
available for dedication.
(4) Feasibility of dedication, and compatibility with
the recreational element of the General Plan.
(g) Credit for private open space. Where a private
open space for park and recreational purposes is provided
in a proposed subdivision or site and such space is to
250
Attachment 1
be privately owned and maintained by future residents
of the development, a credit not to exceed fifty percent
may be given against the requirement of dedication for
park and recreation purposes or payment of fees in lieu
thereof, provided the City Council finds that it is in the
public interest to do so, and that the following standards
are met:
(1) That yards, court areas, setbacks and other open
areas required to be maintained by the zoning and building
regulations shall not be included in the computation of
such private open space; and
(2) That the private ownership and maintenance of
the open space is adequately provided for by written agree-
ment, conveyance or restrictions; and
(3) That the use of the private open space is restricted
for park and recreational purposes by recorded covenants
which run with the land in favor of the future owners
of property within the subdivision or site and which cannot
be defeated or eliminated without the consent of the City
Council; and
(4) That the proposed private open space is reasonably
adaptable for use for park and recreational purposes, taking
into consideration such factors as size, shape, topography,
geology, access and location of the private open space
land; and '
(5) That facilities proposed for the open space are
in substantial accordance with the provisions of the recre-
ational element of the General Plan and are approved by
the City Council.
(h) Amendment to Map Act. In the event the Map
Act should in the future be amended to expand or change
the permitted uses of land dedicated or in lieu fees laid
under this Section, such purposes shall control and the
limitations set forth in this Section to the extent they are
inconsistent with the amended Map Act, shall no longer
have any force or effect.
u
14- 25.090 'Reservations.
'' (a) Requirement for reservation of land. Asa condi-
tion for tentative map or building site approval, the
advisory agency may require the subdivider or owner to
reserve an area or areas within the subdivision or site
for parks, recreational facilities, fire stations, libraries
or other public uses, 'according to the standards and
conditions set forth in this Section.
(b) Conditions. A reservation of land pursuant to this
Section may be required under the following conditions:
(1) The public use for which the land is reserved is
shown on the General Plan or an adopted specific plan
containing policies and standards for such use and the
required reservation is in accordance with such policies
and standards.