HomeMy WebLinkAbout04-25-1985 CITY COUNCIL STAFF REPORTSCITY OP Sin):'Ilmlt
Initial:
ABU\ BILL ISO. 8v� Dept.
D�Tc: April 23, 1985 C. Atty.
DET'r1..IENT: CITY ATTORNEY C. Mgr.
------------------------ - - - - -- --- _------- _
Formation of Water District in NM area — Agremeement with man JoseJGfa�er -
SU3,TL-)CT: Co.,-Bas Hcmes and Teerlink Ranch, Ltd.
- -- ---- - - - - --
Issue SUry In order to obtain final map approval, Bas Homes and Teerlink Ranch, ,Ltd.
agreed to construct, at•their own expense,.certain improvements to furnish.water to their
project. These.improvements will became part of the Water District system after such.
district is formed. The proposed agreement provides for the reimbursement to Bas HcnVs
and Teerlink .Ranch, Ltd., of the amounts they' have extended foe work which otherwise would
be.performed'by the Water District..'The reirbursement will be made after the.D, strict is
established'and the funds are received frcm the sale of bonds.
Reccm .ar_dation Approval of Agreement *and. authorization of the Mayor .and .City _Clerk .
to execute the same on behalf of the-City.
Fiscal Imnacts None. All payments under the Agreement will be-made,-from bond
pros s.
,. q ..
Exhibits- lAttach-r�?nts Proposed Agreement.
�:oancil Action
5_/1: Approved agreement 4 -0.
i"
1 ,
•
AGREEMENT
_THIS AGREEMENT is entered into this day of February, 1985, by,
and between the following parties:
Company;"
CITY OF SARATOGA, hereinafter referred to as "Saratoga;"
SAN JOSE WATER COMPANY, hereinafter referred to as "Water
BAS HOMES, INC., hereinafter referred to as "BAS;"
TEERLINK RANCH, LTD., hereinafter referred to as " Teerlink;"
WHEREAS, Saratoga is going to establish an improvement assessment
district to provide inter -alia for a water improvement district entitled Saratoga
• Improvement District Project.
WHEREAS, BAS HOMES, INC., is a real estate developer which is going to
develop Tract Number 6701 as set forth in the attached Water Company map, marked
Exhibit "A."
WHEREAS, TEERLINK RANCH, LTD., is a real estate developer which is
going to develop Tract Number 6781 as set forth in the attached Water Company map,
marked Exhibit "A."
WHEREAS, the water facilities to be installed by BAS and Teerlink in the
development of Tracts 6701 and 6781 will, with certain exceptions become a part of
Saratoga Improvement District Project.
WHEREAS, BAS and Teerlink are desirous of advancing to Saratoga the
necessary funds for the construction of the necessary water mains to provide the
necessary water service and fire flow required by the development of Tract 6701 and
• 6781.
DC
l
"ti.
l;
NOW, THEREFORE, the parties hereto agree as follows: •
FIRST: BAS agrees to advance to Saratoga the sum of $198,055.00 as
its share of the estimated costs of construction of the water mains set forth in yellow
and blue in Exhibit "A."
SECOND: Teerlink agrees to advance to Saratoga the sum of $236,375.00
as its share of the estimated costs of the water mains set forth in yellow and blue on
Exhibit "A."
THIRD: It is agreed between BAS, Teerlink and Water Company that the
amounts set forth in paragraph First. and Second are the estimated costs of
construction of said water mains and BAS and Teerlink agree to advance
proportionately to Saratoga such additional amounts, if any, to adjust to actual costs
of construction.
FOURTH: Water Company guarantees the cost of the water main set forth •
in blue within the red brackets as set forth in Exhibit "A," will not exceed $300,000.00.
In the event such cost exceeds the sum of $300,000.00, Water Company shall pay the
excess cost.
FIFTH: Saratoga agrees that upon the formation of the assessment
district and the sale of the assessment bonds, it will reimburse BAS and Teerlink out of
the proceeds from the sale of such bonds and subject to the provisions of Paragraph
Eighth hereof, the following sums:
BAS - $198,055.00 or such other amount as may be due under
the provisions of Paragraph Third above.
Teerlink - $236,375.00 or such other amount as may be due
under the provisions of Paragraph Third above.
SIXTH: Saratoga agrees that upon receipt of the funds from BAS and
Teerlink as hereinabove set forth, said funds will be paid over to Water Company to be
used in the construction of the water main set forth in Exhibit "A" which is highlighted
in yellow and blue in accordance with the provisions of Sections 10109 and 100110 of
the Streets and Highways Code of the State of California. •
SEVENTH: Saratoga agrees that if the assessment district contemplated to
-2-
J
• be formed in the Saratoga Improvement District Project is completed and the
assessment bonds sold, Saratoga will refund to BAS and Teerlink in accordance with
the procedure provided in Section 10427 and 10427.1 of the Streets and Highways Code
of the State of California.
EIGHTH: It is agreed that Saratoga is assuming no direct liability for
payment of any monies provided for herein, and that its only liability and responsibility
is that of conducting the special assessment proceedings referred to in the form
provided by law, to remit to Water Company the funds collected from BAS and
Teerlink in accordance with Paragraph Sixth, and to refund to BAS and Teerlink the
amounts provided in Pararaph Sixth if the assessment district is formed and Saratoga
receives sufficient funds to do so. If for any reason the assessment proceedings are
not carried through to conclusion, Saratoga shall not be liable to either BAS or
Teerlink for any amounts paid to Saratoga and remitted to Water Company pursuant to
this Agreement. In the event the assessment bonds are sold, but there are insufficient
funds to pay all construction, engineering, legal and other costs of the Project, BAS
and Teerlink agree to accept a pro rata share of their reimbursement on the same
basis as all other persons and entities receiving a reduced payment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the date first above written.
:
By
Secretary
SAN JOSE WATER COMPANY
M
By
0-
-3-
TEERLINK RANCH, LTD.
By Geraj "
General
President
By
Secretary
CITY OF SARATOGA
to
:
AGENDA BILL NO: 3
DATE: April 24, 1985
DEPARTMENT: Maintenance
Initial:
Dept. Head:
City Atty:
City Mgr:
SUBJECT: Purchase of One -Ton Dump Truck
Issue Summary
A One -ton Dump Truck was authorized for purchase in the 1983 -84
capital budget but due to bidding scheduling and other delays.
We have just received official bids, low bid was $14,326.50 by
South Bay Ford. $14,500 was authorized and encumbered for this
purchase.
Recommendation
Authorize purchase of One -ton Dump Truck.
Fiscal Impact
Purchase amount $14,326.50.
Attachments
Copy of bid
Council Action
5/1: Awarded to low bidder 4 -0..
1
CITY OF SARATOGA
MAINTENANCE DEPARTMENT
TRUCK BID FORM
t
Bids must be submitted by Fir, 1 2 -,.'1 0Fl=,' , 2:00 p.m.
Please complete the following:
/ 430
1. COST OF NEW TRUCK
II. AMOUNT OF TRADE -IN oa
III. NET COST
Sales Tax
Total `�Z
7_ c,9•9'Days Fro tt�e Time Authorization
IV ' D ,LI,.'EPY DA`fL to Purchase is Received From the City
V DEVIATIONS FROM SPECIFICATIONS
Note if deviations exist. Attach separate sheet outlining same.
VI BID VALID UNTIL
VII COMPANY -OR DEALER NAME
Address
Phone Number
Person Responsible
For Bid
Title
CITY OF SiVZA DOGA
Initial:
AG WD.N BILL NO. 3? Dept_ W. �-
DATE: April 23, 1985 C. Atty.
DEPAR ,�,T: City Attorney
. C. Mgr.
------------ --------- - - --_- _ _ --------
Settlement of Hulse litigation and Extension of tentative building site -----
SUBJECT: approval for SDR =1290
Issue Sury In 1977, tentative building site approval was issued by the City for the
division of the Hulse property into two lots, each lot being one acre in size. Following
adoption of Measure A, Hulse ca menced.a lawsuit, based upon the same grounds as the other,
Measure A lawsuits. The proposed settlenent.would permit Mr..FTulse to obtain final building
site approval for two lots, in exchange for which he has agredd to complete the undergromding
of utilities on Mt. Eden Road between the Teerlink project and the Bat Homes project. This
undergrounding was not required in the original approval for SDR- -1290. In addition, an ;
extension of the tentative building site approval is needed.. Since Mr. Hulse has used all
of the extensions available under the Subdivision Ordinance., the only method of extending
his SDR would be through the approval of a stay on*the time limit by.reason of pending
litigation, under the authority of Goverrnnent Code Section 66452.6-(c), as recently amended.
:Recc=er_dation Approval of Stipulation for Settlement and authorization of the Mayor and
=City Clerk to execute the game. Adoption of Resolution stayinT the period of time for
expiration.of SDR.1290 until May 25, 1986.
Fiscal imnacts The City will receive the benefit of-the additional undergrounding work
to be performed on Mt. Eden Road.to om plete the.segiment between the Teerlink and Bas Homes
projects. In addition, the City will also receive the Development Impact Fee upon the
construction of residence on Parcel B.
E::h ibi is /A tta_ci ur_2n is
Council Action
(1) Stipulation for Settlement
(2) Resolution- re stay of .time
(3) Government Code Section 66452.6(c)
5/1: -Approved settlement agreement and resolution 2233.4 -0.
•
STIPULATION FOR SETTLEMENT
This Stipulation for Settlement ( "Agreement "), by and between LAUREN L.
HULSE and JOYCE C. HULSE ( "Hulse "), FRED IRANY and CHRIS IRANY ("Irany ") and
the CITY OF SARATOGA, a municipal corporation ( "City "), is made with reference to
the following facts:
A. Hulse is the fee owner of approximately two acres of. certain real
property located at 21801 Mt. Eden Road (the "Subject Property "), which property is
within the Northwestern Hillside area of the City of Saratoga ( "Northwestern
Hillside ").
B. Hulse entered into a contract to sell one acre out of the Subject
Property to Irany.
C. Hulse filed an application with City for tentative building site
approval to divide the Subject Property into two lots, such application being identified
as SDR -1290, and on or about February 17, 1977, such application was approved by
City, subject to various conditions to be satisfied by the applicants prior to
recordation of a final map.
D. On April 8, 1980, the citizens of Saratoga passed an initiative
ordinance, commonly known as Measure A, which became effective on April 25, 1980,
and which pertains to the Northwestern Hillside, including the Subject Property and
others.
E. Section 7 of Measure A states in pertinent part:
"Pending final completion of the requirements of Section 3, no zoning
changes, land divisions, subdivisions, building or grading permits for
construction of a new residence, or other land development approvals
of any kind shall be issued in the subject area, nor any applications
accepted therefor; provided, that upon a showing of extreme hardship
and in agreement with the provisions of this initiative, exceptions
• may be granted after two noticed public hearings by a 4 /5ths vote of
the City Council."
-1-
E
Section 3 of Measure A also states in pertinent part: •
"The City of Saratoga shall within one year from the effective date
of this ordinance, or as soon thereafter as feasible, complete a
comprehensive review of all development issues in the subject area
and adopt a Specific Plan for the area pursuant to California
Government Code Sections 65450 - 65553, incorporating the standards
set forth in Section 4 below, and all policies and regulations required
to implement said Plan."
F. . On June 7, 1981, pursuant to and consistent with Measure A and
Sections 65450 -65553 of the. Government Code, City adopted the Northwestern
Hillside Specific Plan ( "Specific Plan "), and on April 27, 1982, pursuant to and
consistent with the Specific Plan, City enacted Ordinance NS -3.47 establishing zoning
regulations for the Northwestern Hillside ("NHR Zoning Regulations "), being the area
covered by Measure A and the Specific Plan. Measure A, the Specific Plan and
Ordinance NS -3.47 reduced the density of development below the number of lots shown
on the tentative building site approval for the Subject Property.
G. City has contended and still contends that SDR -1290 is subject to all
provisions of Measure A, the Specific Plan and Ordinance NS -3.47, including the •
density provisions thereof, whereas Hulse and Irany have contended and still contend
they are entitled to divide the Subject Property into two lots, upon compliance, with all
conditions for final map approval and that they are further entitled to building permits
authorizing the construction of a single family residence upon Parcel B, as shown on
SDR -1290.
H. On September 17, 1981, Hulse and Irany commenced an action in the
Superior Court of the State of California for the County of Santa Clara, entitled Irany,
et al., vs. City of Saratoga, et al., Case Number 483896 ( "the Lawsuit "). Pursuant'to
stipulation between the parties, no responsive pleading to the Complaint has been filed
on behalf of defendants.
I. The City has denied and continue to deny each and every allegation
of Hulse and Irany in the Lawsuit as to all issues and in all respects.
J. Without admitting the validity of any of the contentions which have, •
or might have been made by any of them, the parties to this Agreement desire and
intend fully and finally to compromise and to settle all such contentions and other
matters in controversy among them.
-2-
•
611
K. Civil Code Section 1542 provides:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
L. This Agreement contains the entire agreement and understanding
concerning the subject matter between the parties to this Agreement and supersedes
and replaces all prior negotiations and proposed agreements, written and oral. Each of
the parties hereto acknowledges that no other party, nor the agents nor attorneys of
any other party, has made any promise, representation, or warranty whatsoever,
express or implied, not contained herein to induce the execution of this Agreement,
and acknowledges that this Agreement has not been executed in reliance upon any
promise, representation, or warranty not contained herein.
M. In addition to the settlement of all matters in controversy with
respect to the Lawsuit set forth above, the parties hereto desire to settle all other
claims, demands and causes of action which may exist between them. whether known,
unknown, or suspected, except as they may arise from this Agreement.
N. All of the parties to this Agreement hereby acknowledge that they
have either been represented by independent counsel of their own choice throughout
all negotiations which preceded the execution of this Agreement or have voluntarily
elected not to retain counsel, and that they have either executed this Agreement with
the consent of, and upon the advice of, their own counsel, or had sufficient opportunity
to seek such advice.
NOW, THEREFORE, it is mutually agreed as follows:
1. Recitals A through N are incorporated herein by reference.
2. In consideration of the additional public improvements to be
constructed by Hulse, as described in Paragraph 5 below, and dismissal by Hulse and
Irany of the Lawsuit with prejudice, as to all claims and all defendants, and subject to
compliance by Hulse with the conditions set forth in SDR -1290, City agrees to grant
final building site approval for the division of the Subject Property into two lots, in
accordance with the tentative building site approval as originally granted by City.
City further agrees to process applications and issue building and grading permits and
other approvals as may be necessary for the construction of a single family dwelling
-3-
I
and accessory uses appurtenant thereto upon Parcel B as shown on SDR -1290, •
conditioned upon prior design review approval thereof and compliance with all
applicable provisions of City's zoning and other ordinances, except for the density and
setback provisions of the NHR Zoning Regulations and the Specfic Plan.
- 1 3. From and after the effective date of this Agreement, neither City
nor Hulse or Irany shall prosecute the Lawsuit, nor shall Hulse or Irany commence any
new action concerning the subject matter of the Lawsuit and this Agreement. Hulse
or Irany may, within one (1) year from the date hereof, reactivate the Lawsuit in the
event City fails to perform any material provision of this Agreement and such action
has not previously been dismissed with prejudice, in accordance with Paragraph 4
hereof.
4. Concurrent with the execution of this Agreement, Hulse and Irany
shall execute a Stipulation ( "the Stipulation ") for unconditional dismissal of the
Lawsuit, with prejudice, as to all claims and all defendants. The Stipulation shall be
held in trust by counsel for City and shall not be filed until the time provided herein.
Upon the expiration of one (1) year after the granting by City of final building site •
approval for SDR -1290, or upon issuance by City of a building permit for construction
of a single family dwelling upon Lot B, whichever shall first occur, counsel for City
shall be authorized to file the Stipulation with the Santa Clara Superior Court and
obtain an order thereon dismissing the Lawsuit, with prejudice.
5. In addition to any and all other requirements to be satisfied by Hulse
for final building site approval as contained in SDR -1290, Hulse hereby agrees to
perform or cause to be performed at his own expense and at no expense to City, the
undergrounding of all overhead utility lines on Mt. Eden Road, commencing at the
point where such utilities have been, or will be, undergrounded by the developer of
Tract 6781, commonly known as the Teerlink Ranch (such point being approximately at
the property line separating Tract 6781 and the land now owned by Ty Teerlink), and
terminating at the point where such utilities have been, or will be, undergrounded by
the developers of Tract 6701, being a distance of approximately 220 feet generally
running along the frontage of the Subject Property. All such work shall be performed
in a good and workmanlike manner, in accordance with plans and specifications •
approved by City and the utility companies prior to the issuance of building, grading or
other permits for the work.. In the event Hulse has satisfied all other conditions for
-4-
Sfinal building site approval except the undergrounding of said utilities, Hulse may
enter into a Deferred Improvement Agreement with City providing . for the
performance and completion of such work within a period of one (1) year from the date
of such agreement, with performance thereunder being secured by a corporate surety
bond, irrevocable letter of credit or other security. in form and amount satisfactory to
City. The Deferred Improvement Agreement referred to herein shall be executed
prior to final building site approval.. All construction . shall be guaranteed by Hulse
against defects in material or workmanship for a period of one (1) year after the date
of completion and acceptance by City.
6. As a further consideration for City's approval of said final building
site approval, Hulse and Irany hereby agree that Lot B shall be subject to a
Development Impact Fee to be payable at the time a building permit is issued for the
construction of a new dwelling thereon, in accordance with the ordinance as adopted
by City requiring the payment of such fee.
• 7. Hulse and Irany hereby stipulate that measure A is a valid and
enforceable initiative approved by the citizens of the City of Saratoga and that the
Specific Plan and the NHR Zoning Regulations are valid and enforceable. This
stipulation, shall be of no force or effect in the event. of City's breach of this
Agreement.
8. Hulse, Irany and City shall bear his, her or its own attorney's fees and
costs incurred in connection with the prosecution or defense of the Lawsuit and the
negotiation and preparation. of this Stipulation for Settlement.
9. Conditioned upon full performance of this Agreement by all parties:
(a) Hulse and Irany, on behalf of themselves and their respective
agents, representatives, attorneys, employees, successors and
assigns, do hereby release City, the former and present
members of the City Council, their officials, officers, agents,
representatives, employees, attorneys and their insurance
carriers, from any and all claims, demands and /or causes of
action which may exist. between them, whether known,
unknown, or suspected, and I3ulse and Irany hereby waive the
provisions of Civil Code Section 1542 set forth in Recital K
• above. The release of unknown claims contained in this
Paragraph 9(a) is a separate consideration for the release
contained in Paragraph 9(b) hereof and Hulse and Irany would
-5-
I
not have executed this Agreement or agreed to this Paragraph •
9(a) but for the release contained in Paragraph 9(b).
(b) City, on behalf of itself and its officials, officers,. agents,
representatives, employees, attorneys and insurance carriers,
does hereby release Hulse and Irany from all claims, demands
and /or causes of action which may exist between them, whether
known or unknown or suspected and City hereby waives the
provisions of Civil Code Section 1542 set forth in Recital K
above. The release of unknown claims contained in this
Paragraph 9(b) is a separate consideration for the release
contained in Paragraph 9(a) hereof and City would not have
executed this Agreement or agreed to this Paragraph 9(b) but
for the release contained in Paragraph 9(a).
10. This Agreement may be amended by an instrument in writing
referring hereto, signed by the parties. Such amendment must specifically state that
it is an amendment to this Agreement. This Agreement may not be amended orally or
otherwise than as set forth in this Paragraph 10.
11. Hulse or Irany shall have the right to assign all or any part of their
rights or obligations under this Agreement, subject to prior written approval of City,
which approval shall not be unreasonably withheld. 0
12. Hulse and Irany hereby represent and warrant to City that they
collectively hold the entire legal and equitable ownership interest in the Subject
Property, with full power and authority to enter into this Agreement, and that no
other party has any right, title or interest in the Subject Property or the right to
develop the same pursuant to SDR -1290 and this Agreement.
13. This Agreement is entered into for the benefit of the parties hereto
and shall be binding upon the parties hereto, their heirs, successors and assigns. Other
than the parties hereto and their heirs, successors and assigns, and the attorneys now
of record in the Lawsuit, no third person shall be entitled, directly or indirectly, to
base any claim or have any right arising from or related to this Agreement.
14. If it becomes necessary to enforce any of the terms of this
Agreement or to declare rights hereunder, the prevailing party shall be entitled to
reasonable attorneys' fees and other costs of litigation in addition to any other relief •
to which he, she or it may be entitled.
-6-
15. The effective date of this Agreement shall be the date upon which it
is last signed by all parties. It may be signed in one or more counterparts and, when .
all parties have signed the original or counterpart, such counterparts together shall
constitute one original document. When so signed, this Agreement shall be filed with
the Court in the Lawsuit as a Stipulation for Settlement, but the effectiveness of this
Agreement does not depend upon Court approval or any Court order or orders.
Dated:
Dated:
Dated:
Dated:
• Dated:
Approved as to form _
and substance.
HAROLD S. TOPPEL
City Attorney
LAUREN L. HULSE
JOYCE C. HULSE
FRED IRAN
CHRIS IRANY
THE CITY OF SARATOGA,
a municipal corporation
By
VIRGINIA LADEN FANELLI, Mayor
Attest:
J. WAYNE DERNETZ, City Clerk
-7-
I
0
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA STAYING THE PERIOD OF TIME FOR
EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL
FOR SDR -1290
WHEREAS, LAUREN HULSE and JOYCE HULSE ( "Hulse ") applied to the
City of Saratoga for tentative building site approval to divide that certain real
property located at 21801 Mt. Eden Road into two lots, such application being
identified as SDR -1290; and
WHEREAS, tentative building site approval was granted by the City on or
about February 17, 1977; and
WHEREAS, on September 17, 1981, Hulse commenced a lawsuit against the
City in the Superior Court of the State of California for the County of Santa Clara,
Case No. 483896, pertaining to the applicatiuon of the initiative ordinance known as
Measure A to SDR -1290, and said lawsuit is still pending as of this date; and
WHEREAS, a settlement of said lawsuit has been negotiated between the
City and Hulse, as set forth in that certain Stipulation for Settlement attached hereto
as Exhibit "A" and incorporated herein by reference; and
WHEREAS, pursuant to Section 66452.6(c) of the California Government
Code, Hulse has applied to the City for a stay on the period of time otherwise provided
for expiration of SDR -1290,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SARATOGA AS FOLLOWS:
1. By reason of the pending litigation between the City and Hulse
involving SDR -1290 and pursuant to the authority granted under Section 66452.6(c) of
the Government Code, a stay is hereby approved for a period of Twenty -Six (26)
months, commencing as of the expiration date otherwise applicable to SDR -1290 and
terminating on May 25, 1986.
2. The stay is conditioned upon the execution by all parties of the
Stipulation for Settlement, in the form of Exhibit "A" attached hereto.
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the day of , 1985, by the
following vote:
AYES:
• ` NOES:
-1-
ABSTAIN:
ABSENT:
ATTEST:
CITY CLERK
-2-
MAYOR
a
I 1
U
•
Wk
�Y
service by mail. Pursuant to Section 66451.2, fees may be collected from the
subdivider for expenses incurred under this section.
[Amended, Chapter 479, Statutes of 19821
66452.6. Term of tentative map approvals; effect of moratoriums and law-
suits upon approval time limits; extensions of time
(a) An approved or conditionally approved tentative map shall expire24
months after its approval or conditional approval, or after any additional
period of time as may be prescribed by local ordinance, not to exceed an
additional 12 months.
(b) The period of time specified in subdivision (a) shall not include any
period of time during which a development moratorium, imposed after
approval of the tentative map, is in existence, provided however, that the
length of the. moratorium does not exceed five years.
Once a moratorium is terminated, the map shall be valid for the same
period of time as was left to run on the map at the time that the moratorium
was imposed. However, if the remaining time is less than 120 days, the map '
shall be valid for 120 days following the termination of the moratorium.
(cJ The period of time specified in subdivision (a), including any.
extension thereof granted pursuant to subdivision (e), shall not include the
period of time during which -a lawsuit involving the approval or conditional
approval of the tentative ,map is or was pending in a court of competent
jurisdiction, if the stay of the time period is approved by the local agency
pursuant to this section. After service of the initial petition or complaint in
the lawsuit upon the local agency, the subdivider may apply to the local
agency for a stay pursuant to the local agency's adopted procedure:. Within
40 days after receiving the. application, the local agency shall either stay the
time period for up to five years or deny the requested stay. The local agency
may, by ordinance, establish procedures for reviewing the requests, includ-
ing, but not limited to, notice and hearing requirements, appeal procedures
and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative
map shall terminate all proceedings and no final map or parcel map of all or
any portion of the real property included within the tentative map shall be
filed with the legislative body pursuant to Section 66457 without first
processing a new tentative map. Once a timely filing is made pursuant to
Section 66457, subsequent actions of the local agency, including, but not
limited to, processing, approving, and recording, may lawfully occur after the
date of expiration of the tentative map..
(e) Upon application of the subdivider filed priorto the expiration ofthe
approved or conditionally approved tentative map, the time at which the
map expires may be extended by the legislative body or by an advisory
Agency authorized to approve or conditionally approve tentative maps fora
period or periods not exceeding a total of three years. If the advisory agency
denies a subdividers application for extension, the subdivider may appeal
to the legislative body within 15 days after the advisory agency has denied
the extension.
(f) For purposes of this section, a development moratorium shall include
a water or sewer moratorium or a water and sewer moratorium, as well as
other actions of public agencies which regulate land use, development, or
the provision of services to the land, other than the public agency with the
authority to approve or conditionally approve the tentative map, which
— 30 —
I"`
AGENDA BILL N0: 839
DATE: April 25, 1985
DEPARTMENT: Maintenance
SUBJECT: Purchase of Tow Type Paver
Initial:
Dept. Head:
City Atty:
City Mgr:
Issue Summary
A Tow Type Paver was authorized for purchase in the 1984 -85
capital budget. $23,000 was budgeted for this purpose. The City
of Saratoga received three bids, the low bid is from Golden State
Equipment Company, Inc. for $19,527.50.
Recommendation
Authorize purchase of Tow Type Paver.
Fiscal Impact
Purchase amount $19,527.50.
Attachments
Copy of bid.
Bid Summary.
Council Action
5/l: Awarded to low bidder 4 -0.
1
,r
CI'T'Y Ol.'
MAINTENANCE DEPARTi111,NT
TOW TYPE PAVER BID FCRM
Bids must be submitted by April 25',_.1985 2:00 p.rm.
Please complete the following:
.1 . - _ .
1. COST OF NE ?7 "_'C1-'T TYPE , PAV?',R 18, 750.00
'2: AMOUNT OF TRADE -IN (500.00)
3. NET -COST =_., 18, 250.00
Sales Tax 1,277.50
Total _ 19,527.50
30 • Days From the lime Ylut iori 2ation
DELI;'E:1Y' D,, to f'ui °chase is Received From the City
DEVI,,TTO'_'S FR0:.'1 SPI,CTFTCATTnN ,
Note if deviations exist. Attach separate sheet outlini,
nc
DID VALID UNTIL 5 -25 -85
C O: iP ANY OR DEALER NAME Golden State Equipment Companv, Inc.
Address
Phone Number
Person Responsible
For Bid
Title
44875 Fremont Boulevard
Fremont, CA 94538
( Al S 1 tiS-7_nan-4
President
TOW TYPE PAVER
BID SUMMARY
Golden State Equipment Company, Inc. Fray Equipment Company, Inc.
Cost of new Tow Type Paver $ 18,750.00
Amount of trade -in (500.00)
Net cost 18,250.00
Sales tax 1,277.50
Total $ 19,527.50
I
Columbia Equipment, Inc.
Cost of new Tow Type Paver $ 21,000.00 Cost of new Tow Type Paver $ 19,950.00
Amount of trade -in
(750.00)
Amount of trade -in
(500.00)
Net cost
20,250.00
Net cost
19,450.00
Sales tax
1,599.75
Sales tax
1,264.25
Total
$ 21,849.75
Total
$ 20,714.25