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HomeMy WebLinkAbout04-19-1995 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. P 566 MEETING DATE: APRIL 19, 1995 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM 5-,BLS- CITY MGR.: DEPT. HEAD : - �` . • SUBJECT: Final Map Approval for Tract No. 8560 (SD 91 -005) Recommended Motion(s): 1. Move to adopt Resolution No. SD 91 -005.1 granting final map approval for Phase 2 of Tentative Map Application No. SD 91 -005 for eight lots at 13616 Fruitvale Avenue. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 91- •005.1 which, if adopted, will grant final map approval for eight lots located at 13616 Fruitvale Avenue (Phase 2 of the Kerwin Ranch development). 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 91 -005, have been completed or will be completed concurrent with development of the eight 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 $24,205.10 in Engineering fees and $57,120 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. Resolution No. SD 91 -005.1 granting final map approval. 2. Subdivision Improvement Agreement. 3. Planning Commission Resolution No. SD 91 -005 approving the tentative map with conditions. S r REPORT TO THE PLANNING COMMISSION Application No./Location: SD-91-005; 13616 Fruitvale Avenue Applicant /Owner: Kerwin Ranch L.P. Staff Planner: James walgren Date: March 25, 19 92 APN: 389-34-001 Director Approval: . Z)aratoga and t-ruitvale Avenues RESOLUTION NO. 8D -91 -005 RESOLUTION APPROVING TENTATIVE MAP OF KERWIIN RANCH L.P.; 13616 Fruitvale Avenue APN 389 -34 -001 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 sixteen (16) lots, all as more particularly set forth in File No. SD -91 -005 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 is compatible with the objectives, .policies and general land use and programs specified in such General Plan, reference to the Staff Reports dated 3/25/92, 5/27/92 and 6/24/92 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Government Code Sections 66474(a) -(g) and 66474.6 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 hereinafter described subdivision, which map is dated the 10th day of September, 1991, and noted as being revised June 1, 1992, 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: 1. Prior to submittal of a Final Map or phased Final Map to the Completed by Surveyor. City Engineer 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(s) shall show the existence of a monument at all external property corner locations, either found or set. The submitted map(s) 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. 2• The owner (applicant) shall submit four (4) copies of a Final Map or phased Final Map in substantial conformance with the approved Tentative Map, along with the additional documents File Rio. 8D 91 -005; 11616 Fruitvale Avenue Plans submitted and 6. 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 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 other public agencies having jurisdictional authority, including public and required in Section 14- 40.020 of. the Municipal Code, to the City Engineer for examination. The Final Map(s) 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 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. } 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of each 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 City Engineer 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 Dedication for all required easements on Final Map. and /or rights of way on the Final Map or initial phase Final Map, in substantial conformance with the approved Tentative Map, prior to any Final Map approval. In addition, the owner shall execute in the Owner's Certificate on the Final Map or phased Final Map, a relinquishment of rights of any ingress and egress to, and from any lot to and from Fruitvale Avenue and Saratoga Avenue. Plans submitted and 6. 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 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 other public agencies having jurisdictional authority, including public and File loo. BD 91 -005; 13416 Fruitvale Avenue private utility providers, prior to approval of, the Final Map or each phased Final Map. Initial Phase 1 improvement requirements shall include, but not necessarily be limited to: a. Extension of Ronnie Way as shown on the approved Tentative Map. Improvement standards to match existing Ronnie Way. b. Repairs to Wildcat Creek bank protection on the _project side of Fruitvale Ave. adjacent to box culvert outlet structure wingwalls as required by Santa Clara Valley Water District. Prior to issuance of City permits for this work, the plans shall be subject to the review and approval of the Planning Director to ensure that the work minimizes the impacts on the existing riparian habitat and that it is aesthetically compatible with the natural setting. r_. C. Widening and improvement of Fruitvale Avenue and Saratoga Avenue frontages as shown on the approved Tentative Map and as required by the City Engineer. d. Construction of landscape and pedestrian path improvements as shown-an Exhibit °B° and as required by the City Engineer. Pursuant to the Planning Commission's direction, the four (4) foot wide proposed pedestrian path shall be widened to six (6) feet. Future landscaping shall include trees and shrubs of appropriate species, consistent with the approved-landscape plan, to provide dense evergreen screening along the street side of the perimeter fencing, and shall be consistent with the City's xeriscape guidelines. Temporary access across this strip to the existing farmhouse and for Phase 1 and 2 construction purposes, shall be permitted at the locations indicated on the approved Tentative Map, until construction work is completed for each associated phase of development. Final Phase 2 improvement requirements shall include but not necessarily be limited to: a. Extension and modification of Lisa Marie Court (Kerwin Ranch Court),as shown on the approved Tentative Map and as required by the City Engineer. Improvement standards shall be as specified in Chapter 14 of the Municipal Code, and includes abandonment of existing Lisa Marie Court; relocation of existing driveways, as necessary, to lots within Tract Mo. 7919; installation of landscape Pile No. 8D 91 -005; 13616 Fruitvale Avenue improvements in abandoned portions of existing Lisa Marie Court comparable to the Lisa Marie Court homeowners' existing landscaping and subject to the approval of the Planning Director. b. Closure of gap in Fruitvale Avenue median opposite .driveway to existing residence to the satisfaction of the City Engineer. Acknowledged. 7. The owner (applicant) shall design and construct a realignment of the Fruitvale Avenue and Saratoga Avenue.frontages..of the property in the vicinity of the signalized intersection as depicted on the approved Tentative Map and as required by the City Engineer. The required improvements are documented in the City's Capital Improvement Plan as Capital Project No. 9105. The improvements shall include, but not necessarily be limited to: installation of new curb, gutter and pedestrian pathways, relocation of traffic signal and street lighting facilities, and installation of pavement markings and striping. The design of the required improvements shall be approved by the City Engineer prior to approval of the initial Phase 1 Final Map. The installation of the required improvements shall be completed prior to construction acceptance of the initial Phase 1 subdivision improvements. The owner (applicant) shall post a separate and sufficient security as required by the City Engineer to guarantee completion of the required improvements prior to approval of the initial Phase 1 Final Map. The owner's (applicant's) maximum responsibility for the cost of these improvements shall be $50,000. Upon completion of the required improvements to the satisfaction of the City Engineer, the City will reimburse the owner (applicant) a minimum of $25,000 towards the cost of the improvements. The City shall enter into an agreement with the owner (applicant) upon approval of the initial Phase 1 Final Map guaranteeing the minimum $25,000 reimbursement to the owner (applicant) by the City. Fees Paid. a. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer, at the time Improvement Plans are submitted for review. Agreement Signed. 9• The. owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to each Final Map approval. All Securities rovided. 10. The owner (applicant) shall furnish Improvement Securities in p accordance with Section 14- 60.020 of the Municipal Code in. the manner and amounts determined by the City Engineer prior to each Final Map approval. Fils NO. 8D 91 -003; 11616 Fruitvala Avenue 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 each Final Map approval. Done. 12. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating Construction schedule 18• and traffic plan approved that there are no liens against the property or any part thereof by the Planning Commission. for any unpaid taxes or special assessments. A copy of the statement(s) shall be provided to the City Engineer prior to each Final Map approval. All utility Commitments 13. Prior to each Final Map approval, the owner (applicant) shall furnish provided, the City Engineer 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. 14. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to each Final Map approval. Fees paid. 15• The owner (applicant) shall pay the applicable Park and Recreation fee prior to each Final Map approval. Acknowledged. 16. All public and private improvements required for each phase of the project shall be completed and accepted by the City Engineer, Planning Director, and/or the appropriate officials from other public agencies, including public and private utility providers, prior to Zone Clearance of any Design Review applications for any of the lots created during each similar phase. Done. 17. The owner's (applicant's) engineer or land surveyor shall prepare legal descriptions of those portions of the Lisa Marie Court right -of -way which the City intends to abandon to the property owners of Tract No. 7919. The legal descriptions shall be reviewed and approved by the City Engineer and City Surveyor prior to approval of the Final Map or subsequent phase Final Map. Construction schedule 18• and traffic plan approved Construction traffic associated with the development of the subdivision improvements shall access the by the Planning Commission. property in a manner impacts Marie Courtiand Ronnie and which does notscreate traffic or pedestrian safety problems along Fruitvale Avenue all as determined by the City Engineer. The owner's (applicant's) contractor shall submit a construction schedule and traffic plan to the Planning Commission for review and approval prior to any Final Map approval. File 110. BD 91 -003; 13616 Fruitvale i veaue 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 determined by the City Engineer. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the City Engineer to commence work on the project for each phase of development. Acknowledged. 20. All new structures shall be connected to sanitary sewer in accordance with the west valley Sanitation District's requirements. Done. 21. The existing septic tank on the property shall be pumped and backfilled in accordance with County Environmental Health Division standards prior to Final ;Iap approval of Phase 2. Done . 22. Abandon and seal the existing well to Santa Clara Valley water District standards prior to Final Map approval of Phase 2. Acknowledged. 23. The owner (applicant) shall install three (3) fire hydrants that meet the Saratoga Fire District's specification. Hydrants shall be installed and accepted prior to construction of any buildings. Acknowledged. 24• Future development of parcels 1 through 16 shall require design review approval and shall be limited to single story structures not to exceed 22 ft. in height. The 22 ft. height limit shall be measured from the pad elevations as indicated on the Tentative Map marked Exhibit "A ". Acknowledged. 25. Deesignhe view approvals shall only be granted upon finding and design withethe structure is compatible 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. Development proposals shall also be consistent with the site development plan and conform with current zoning and building regulations. 26. A requirement of design review application review shall be the Acknowledged. submittal of a landscape plan indicating native and /or drought tolerant tree species in conformance with the City's Xeriscape Guidelines. This landscape plan shall incorporate street trees at appropriate locations along the parcel frontages. Tree reservation. work 27. Pursuant to the City Arborist's report dated February 27, p 1992, the following tree preservation requirements shall .comp 1 e t ed . apply: File No. SD 91 -005; 13616 Fruitvale Avenue 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 determined by the City Engineer. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the City Engineer to commence work on the project for each phase of development. Acknowledged. 20. All new structures shall be connected to sanitary sewer in accordance with the west Valley Sanitation District's requirements. Acknowledged. 21. The existing septic tank on the property shall be pumped and backfilled in accordance with County Environmental Health Division standards prior to Final Map approval of Phase 2. Acknowledged. 22. Abandon and seal the existing well to Santa Clara Valley Water District standards Ma rior to Final p p approval of Phase 2. 23. The owner (applicant) shall install three (3) fire hydrants Acknowledged.. that meet the Saratoga Fire District's specification. Hydrants shall be installed and accepted prior to construction of any buildings. Acknowledged. 24. Future development of parcels 1 through 16 shall require design review approval and shall be limited to single story structures not to exceed 22 ft. in height. The 22 ft. height limit shall be measured from the pad elevations as indicated on the Tentative Map marked Exhibit "A ". Acknowledged. 25. 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. Development proposals shall also be consistent with the site development plan and conform with current zoning and building regulations. 26. A requirement of design review application review shall be the Acknowledged. submittal of a landscape plan indicating native and /or drought tolerant tree species in conformance with the City's Xeriscape Guidelines. This landscape plan shall incorporate street trees at appropriate locations along the parcel frontages. 27. Pursuant to the City Arborist's report dated February 27, Tree preservation work 1992, the following tree preservation requirements shall completed. apply= f Acknowledged.,. Acknowledged. Security submitted. ^t Fils No. BD 91 -005; 13616 Fruitvals Avsnus a. Prior to Final Map or phased Final Map approval the City Arborist shall inspect the property to ensure that the following work has been properly performed: • Fill soil has been removed from the root collars of the Coast Live Oaks along Fruitvale Avenue. • Pruning and cabling of tree 049 and 066 by an ISA certified arborist. • Installation of construction period fencing.up to the affected trees' driplines. • Trees suitable for transplanting within the lot 014 building envelope and within the new Kerwin Ranch Court right -of -way have been identified. b. Prior to construction acceptance, the City Arborist shall again inspect the property to ensure that the following items have been properly performed: • Prior to acceptance of Phase 2 improvements, trees identified above as suitable for transplanting have been relocated. • All tree protection measures have been followed as required for each phase of development. C. No ordinance protected trees shall be removed without obtaining a'tree removal permit, with the exception of the orchard fruit trees which may be removed once a Final Map or phased Final Map approval is granted. If a phased Final Map is submitted, only those orchard trees within that particular phase may be removed. Non- orchard trees within the Kerwin Ranch Court right -of -way which are not suitable for transplanting may also be removed following Phase 2 Final Map approval. d. Prior to Final Map or phased Final Map approval, the owner (applicant) shall submit to the City, in a form acceptable to the Planning Director, security in an amount deemed sufficient by the Planning Director pursuant to a report and recommendation by the City Arborist to ,guarantee the installation, replacement, maintenance, and /or preservation of trees on the subject site. This security deposit shall be released at the time of construction acceptance for each phase of development upon the City Arborist's finding that all tree protection measures have been adequately followed. File No. 8D 91 -003; 13616 hvitvale Avenne Acknowledged. 28. Individual lot pad grading, necessary to achieve proper site drainage, shall be permitted to occur concurrently with road construction improvements once Final Map or phased Final Map approval is granted. If a phased Final Map is submitted, only those lots within that particular be phase may graded. The final grading and drainage plan for'road construction and individual lot pads shall be reviewed and approved by the City Engineer and the Planning Director prior to issuance of Final Map or phased Final Map approval. Acknowledged. 29.. Pursuant to the City's General Plan and the approved.. tentative map itself, Ronnie Way shall not be linked or developed through to Saratoga or Fruitvals Avenues, as either an emergency access easement or as a through road. Acknowledged. 30. Pursuant to the approved tentative map, marked Exhibit "A ", no more than eight (8) new homes shall access Ronnie way. Acknowledged. 31. If a phased Final Map is submitted, the development phases indicated on the approved tentative map shall occur in their numerical order; is. Phase 1 first and Phase 2 second. This will allow the initial development phase to include those lots necessary to guarantee compliance with Condition 029 above. Acknowledged. 32. Construction hours shall be restricted to between 7 :30 a.m. and 6:00 p.m., Monday through Friday, except in the event of anngiem which imperils the public safety. The City Y grant an exemption his upon /her determination of an emergency. No construction work shall be permitted on legal holidays. Acknowledged. 33• Private subdivision entrance gating and /or signage is prohibited. Done. 34. Prior to any Final Map approval, the owner (applicant) shall record a 5 ft. wide private landscape easement along both sides of the pedestrian easement at the and of Ronnie way. This will not be an additional ingress /egress easement, but will provide a visually/ aesthetically wider pedestrian corridor. Agreement signed. 35. Prior to approval of the Final Map or of a phased Final Map, the owner (applicant) shall execute an agreement with the City waiving the rights the of 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 existing Landscaping and Lighting Assessment District for the purpose of providing for the maintenance of the Landscape and Pedestrian Easement and Private Landscape Easement created by the subdivision. The agreement(s) be shall recorded concurrently with the Final File No. 8D 91 -OOS; 13616 Fruitvale Avenue Map(s) and reference to the agreement(s) shall appear in the Owner's Certificate(s) on the Final Map(s). Acknowledged. . 36. The applicant's geotechnical consultant shall review and g approve all geotechnical aspects of.the subdivision plans (ie., site preparation and grading, surface and subsurface drainage improvements, and design parameters for foundations, retaining walls, pools and pavement) to ensure that his recommendations have been properly incorporated. The results of the Geotechnical Plan -Review- shall be summarized by the geotechnical consultant in a letter and submitted to -the City for review and approval by the City Engineer prior to approval from the City Engineer to begin subdivision construction. 37. The geotechnical consultant shall inspect, test (as needed), Acknowledged. and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, demolition and removal of existing structures and unsuitable materials, site surface and subsurface drainage improvements, and excavations for roadways and retaining walls prior to the placement of baserock, fill, steel and concrete. The geotechnical consultant shall prepare a report describing the as -built conditions of the project construction. The report shall include a map (e.g., corrected or revised drainage plan) that portrays the extent of any grading (Cuts and fills), drainage improvements, and retaining walls. This final report shall also include the locations and data from field density tests and any new information disclosed during construction which may have an impact on development of any lots within the subdivision. A report describing the results of field inspections, and the report of as -built conditions, shall be submitted to the City to be reviewed by the City Engineer prior to Construction Acceptance of the subdivision improvements. 38• a. The owner (applicant) shall, upon the City's request, Done. defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings; acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Sec. 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to,the applicant of any such claim, action or proceeding, and shall cooperate File No. SD 91 -003; 13616 Fruitvale Avenue fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney ,, s fees and costs. b. The owner (applicant shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Sec. 14- 05.055 of the Municipal Code, prior to Final Map approval. Acknowledged. . 39. Noncompliance with any of the conditions of this permit shall g constitute a violation of the permit: Because it is impossible 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. Applicant shall sign the agreement to these condition: within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. 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 12th day of August, 1992, following vote: by the AYES: CALDWELL, BOGOSIAN, DURRET, FORBES, MORAN, FAVERO NOES: none ABSENT: none Chair '-- � —�--- anninq Commission ATTES Secretary, Plan ing Commission I RESOLUTION NO. SD 91 -005.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF SD 91 -005 13616 FRUITVALE AVENUE (VIDOVICH (K) PARTNERS) KERWIN RANCH PHASE 2 The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 - 8 as shown on that certain map of Tract No. 8560, prepared by Jennings, McDermott & Heiss, Inc. dated January, 1995, and filed with the City Clerk of the City of Saratoga on April 19, 1995, are approved as EIGHT (8) 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 utility 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 19th day of April, 1995, by the following vote: AYES: Councilmembers Moran, Tucker, Wolfe and Mayor Burger NOES: None ABSENT: Councilmember Jacobs ABSTAIN: None ATTEST: Deputy City Clerk' / Fyn y .. �► SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. „2 �% 5 AGENDA ITEM MEETING DATE: APRIL 19, 1995 CITY MGR.: 113 ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Wildwood Park Improvements, Capital Project No. 955 - Award of Construction Contract Recommended Motion(s): 1. Move to declare James A. Savattone Construction.to be the lowest responsible bidder on the project. 2. Move to award a construction contract to James A. Savattone Construction in the amount of $43,113.50. 3. Move to authorize staff to execute change orders to the contract up to $4,500. Report Summary: Sealed bids for the Wildwood Park Improvements, Capital Project,No. 955, were opened on April 11. A total of five contractors submitted bids for the work and a summary of the bids received is attached. James A. Savattone Construction of Soquel submitted the lowest bid of $43,113.50 which is 4.2% below the Engineer's Estimate of $45,000. 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 March 21. Therefor, it is recommended that the Council declare James A. Savattone Construction to be the lowest responsible bidder on the project, and award the attached construction contract to this firm in the amount of $43,113.50. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount or $4,500 to cover any unforeseen circumstances which may arise during the course of the work. Fiscal Impacts: This project is being funded through the City's allocation of 1988 State Park Bonds. Up to $48,000 is available to the City to complete the project. Staff believes that the project can be completed within the available allocation and sufficient funds are programmed for the project in the current budget in Capital Project No. 955. Advertising, Noticing and Public Contact: Nothing additional. t . `,, Consequences of Not Acting on the Recommended Motions: James A. Savattone Construction 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 number of firms which submitted bids and the relatively small spread between the low and high bidders. Further, the project must be completed by June 30 to remain eligible for the State Park Bond Act funds. Follow Up Actions: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most likely begin in early May and last through mid -June assuming timely delivery of the playground equipment from the manufacturer. Attachments: 1. Bid Summary. 2. Construction Contract. Wildwood Park Improwrinnb, C.I.P. No. 955 BID SUMMARY ITEM ! I ITEM OESCRIPT1ON 1I LS II N/A w I s40DD I II I sv I I s15o 1 II I LF I I s1.a II 25 1 SF 11 f1. II CY II $5500 � 12. I FETAINING WALL I 1 251 LF 1 13. I HANDRAILS 1 LS 10. I BENCHES I 1 3 EA 1 11. ( TALK TUBES I _ 1 EA 1 12. I ACTIVITY WALL I 1 1 I EA I 1 13. I SAND BOX I I 11 EA I I 11. I PRAIfiE CABIN I I 1 I EA I I 12. IPICNIC TABLES I I 81 -EA I 1 EUNITS 13. BARBECUE I 31 EA TOTAL I $37$00 1 I 51,2%1.00 1 I S4m0.m I $7mm 1 I mmI I 370000 I I S270m I I I I I I WA 1 I 11 703.00 I I WA .m S4A00 I I I WA WA 1 I 381200 I I WA 1 I 11,700.00 I I WA 1 I ssSD I s1823.m 1 :3m 1 i1p50.m 1 1450 I I $asm I I I ssszs.m 1 I I s+5m I I I 15525.00 I I I $5758 I 1 s25o I I $ 1,0070 I $1.2D I $5700D I so93 I szso 1 I $17$0.00 1 I s4m I I szsoo.00 I I 1283 I 1 12000 I I 53800.00 I 1100 1 115000 I I 11188 I I i3 7m I I -.71...j- I S50m I s9SOO.00 I I s43.x I IA I I 128800 I I 178200 I I $29em I I WA I I 180000 I I -$2 A15.m I I fB00m I I WA I I $1po0.m ( 1 farm I I s97sm 1 seom I I szpoo.00 I I ssz.zl I I WA I I $4.'!800 I I s1 A5s.m I i1.T14.m 1 WA I I f400m I $40000 I I 51,210.001 I N/A I I 138602 1 I 51,191.001 I 17,191,00 1 I i1 p50.m l 60 i1 p.001 31.%1.68 1 I s5p0.00 I 1510.00 I 54,20.00 I S4,2.00 1 I 54529.75 1 $91700 1 I 581700 I I S800m I 190000 I I S1, x8.58 I mm I I mm I I som 1 I mm I I som I I it pzt.m 1 I 16.12'1.001 3e00m I $4500.001 I $1,1.90 1 I 19700 I 51,191.00I I $000 1-$7-- I I 1374.2 I I I $43,113.501 I I $19,460.001 I I I I I I st,lnm 1 i7eom 1 sz,�o.00 I I I I I I $48587.52 1 1 i55500.m I I I I WA 1 $5800,00 I I sfiom 1 I s7SOO.01) I I 3200 I I Isom I I tsm I I S35m.m I $1300 I I $1,950.001 I s37m I WA I I I 17A30.m I 1 $2,9W.00 I 1 $1000001 I i1 A00.m 1 I tam I I s1 noo.m 1 I WA I $2,210.00 1 I azsm 1 I s1,275 .m 1 I 31,21200 1 I 37,21200 I I 36Am.00 I I f1 p50.m I I ssnoo.m I I 81 P50 OD I I mmI mm1 I $1,230.001 1 I 37aeo.m I s34om 1 I slpzo.m I I I I I sse,5420D l SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. a`S- 4 4, AGENDA ITEM MEETING DATE: APRIL 19, 1995 CITY MGR.:. ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Landscaping and Lighting Assessment District LLA -1; Reauthorization for FY 95 -96, Initiation of Annexation No. 1995 -1 Recommended Motion(s): 1. Move to adopt the resolution describing improvements and ordering the Engineer's Report for reauthorization of the District for FY 95 -96. 2. Move to adopt the resolution determining to undertake proceedings for Annexation No. 1995 -1. 3. Move to adopt the resolution appointing the Attorneys for the District for FY 95 -96. 4. Move to accept the proposal from John Heindel dated October 5, 1994 to provide assessment engineering services for the District for FY 95 -96 through FY 99 -00. 5. Move to adopt a minute order acknowledging the Council's concurrence that the Quito Road streetscape improvements contemplated by Zone 17 (Sunland Park) , if implemented during FY 95 -96, would satisfy the obligation to the City of the Deferred Improvement Agreements recorded against the 200 Sunland Park properties; and that 50% of the streetscape improvement cost, up to a maximum of $40,000, will be financed for one year by drawing from available LLA -1 fund reserves. Report Summary: Attached are the various resolutions which the Council must adopt to initiate the reauthorization of the Landscaping and Lighting Assessment District LLA -1 for FY 95 -96. A brief summary of each of the actions the Council must take follows. 1. Resolution describing improvements and directing preparation of Engineer's Report for Fiscal Year 1995 -1996 - This is the resolution required under Streets & Highways Code Section 22622 to initiate the annual renewal process for the District for the ensuing fiscal year. The resolution refers to the improvements proposed to be undertaken (Exhibit A), and orders the preparation of the Engineer's Report required under S &H 22565. 2. Resolution determining to undertake proceedings for the annexation of territory to an existing assessment district ... Annexation No. 1995 -1 - This is the resolution required under S &H 22585 to initiate an annexation proceeding to the existing District. Pursuant to decisions reached by the Council at the March Policy Development Conference, several parcels are proposed to be annexed to the District and will be incorporated into Zones 3, 5 and 22. The resolution refers to the improvements proposed to be undertaken (Exhibit A), a description of the areas proposed to be annexed (Exhibit B) , and orders the preparation of the Engineer's Report required under S &H 22565. 3. Resolution appointing attorneys for Fiscal Year 1995 -1996 - This resolution merely appoints the City Attorney's office as the attorneys for the District for FY 95 -96 and limits the attorney's fees to a.maximum of $500. 4. Proposal for Assessment Engineering services - It is recommended that the Council accept the letter proposal from John H. Heindel dated October 5, 1994 to provide assessment engineering services for the District for FY 95 -96 through FY 99 -00. The assessment engineering services are well defined under "Scope of Services" in the proposal and generally include preparation of the Engineer's Report, preparing and mailing the notices of the Public Meeting and Hearing, and coordinating with the County Assessor's and County Auditor's offices to ensure placement of the assessments on the tax roll. Mr. Heindel has served as Assessment Engineer for the District for a number of years now and has provided exceptional service to both my office and the District. I recommend accepting his proposal for the next five year cycle of the District to avoid the need to annually retain the services of the Assessment Engineer. 5. Sunland Park (Zone 17) streetscape improvements along Quito Road - As I discussed with the City Council earlier this week, I have been working with the Sunland Park Homeowners Association over the past year to develop a streetscape improvement project along the frontage of their neighborhood along Quito Road between Baylor and McCoy Aves. During the current year, the 200 homeowners in Sunland Park (Zone 17), agreed to assess themselves $15 apiece ($3,000 total) to fund design development work of such a project. Local landscape architect Jeffrey Heid was retained to develop the project, and the project has advanced to the point where a conceptual plan has been prepared and cost estimates attached to it. (The plan will be available for you to review at your meeting.) The maximum estimated cost to bring the project to fruition is $80,000. Meetings are currently being held in the neighborhood to sell the project to all of the homeowners. On April 24, there will be a meeting of the entire neighborhood to review the project and to take a straw vote on whether the homeowners will be willing to assess themselves $400 apiece to fund the project. The HOA Board believes the project will receive a majority of support if the City Council can commit to two things on April 19. First is a commitment that the project, if implemented, will satisfy the obligation of the Deferred Improvement Agreements recorded against each property in Sunland Park when the area was annexed to the City in 1981. The original Deferred Improvement Agreements contemplated the neighborhood funding the widening of Quito Road, however it appears that this is no longer necessary or desirable. The streetscape improvements would be a substitute for the widening of Quito Road and in my view, offers more of an improvement to the road that is consistent with the overall goals of the City. Second is a commitment that the City, through the LLA -1 Assessment District, will finance the project over a two year period so that each homeowner would be assessed $200 a year for two years instead of $400 all at once. I have determined that this can be done by advancing the necessary funds to complete the project from available reserves in the LLA -1 Fund (Fund 71). The current fund balance is approximately $170,000 and is expected to be reduced to approximately $150,000 by June 30. Even accounting for a maximum utilization of the fund balance to offset the assessments in all of the Zones for FY 95 -96, I believe there is sufficient capacity in the fund balance to carry up to $40,000 of the streetscape project costs for one year. Therefor, I recommend the Council make this commitment at this time. Fiscal Impacts: All of the costs associated with the Landscaping and Lighting Assessment District LLA -1 are charged against and recovered through the District. There is no direct fiscal impact on the City's General Fund. A more precise look at the proposed funding of the District in FY 95 -96 will be available on May 5 when you receive the preliminary Engineer's Report. Advertising, Noticing and Public Contact: Nothing additional at this time. Eventually, notices will be mailed to those property owners in the District whose assessments are proposed to be increased, or whose properties are proposed to be annexed to the District, informing them of the upcoming Public Meeting and Hearing. Consequences of Not Acting on the Recommended Motions: This would depend on what recommendations the Council does not vote in favor of. Either the reauthorization or annexation processes would not begin; or the City Attorney's office would not be appointed as the Attorneys for the District; or the proposal from the Assessment Engineer would not be accepted; or the Quito Rd. streetscape improvements proposed by the Sunland Park neighborhood would not be supported as recommended by staff. Follow Up Actions: Work on the Engineer's Reports will begin. The remaining schedule of events is as follows: May 3 - Preliminary Engineer'.s Reports for the reauthorization and annexation are received by the Council and preliminarily approved. Council adopts Resolutions of Intentions for the reauthorization, annexation and detachment proceedings and schedules the Public Meeting and Public Hearings for each. , May 5 - Joint Notices of Public Meetings and Public Hearings are mailed. June 7 - Public Meeting on reauthorization and annexation proceedings. June 21 - Public Hearing on reauthorization, annexation, and detachment proceedings. Council adopts resolutions overruling protests and ordering the assessments for reauthorization and annexation processes, and ordering the detachment of territory from Zone 22. By August 10 - Assessment Engineer delivers Assessment Roll to the County Auditor. Attachments: 1. Resolution describing improvements and directing preparation of Engineer's Report for reauthorization. 2. Resolution determining to undertake annexation proceedings re: Annexation No. 1995 -1. 3. Resolution appointing Attorneys. 4. Proposal from John H. Heindel dated October 5, 1994. 5. Information from Sunland Park HOA re: Quito Road streetscape improvements. 6. Sample Deferred Improvement Agreement recorded against all properties in the Sunland Park neighborhood. JOHN H. HEINDEL CONSULTING CIVIL ENGINEER October 5, 1994 Job No. 8306 City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, CA 95070 Attn: Mr. Larry Perlin City Engineer Ladies and gentlemen: I am pleased to present the following proposal for providing services relative to the City of Saratoga's Landscaping and Lighting District LLA -1 for fiscal years 1995 -1996 through 1999- 2000. Scope of Services 1. Revise the existing-computer program used for generating the assessment rolls, to accommodate revisions to the formula for spreading assessments in the Village Parking District. 2. Consult with City staff personnel to determine costs, contributions and carryovers for the next fiscal year, segregated by zone. 3. Generate a preliminary roll for parcels in the existing district, using the information determined under 2. above and the previous year's parcel data file, to be used for the public hearing. 4. Compile a data file, generate a preliminary roll and prepare an assessment diagram for parcels to be annexed to the district, if any, using current assessor's data, to be used for the public hearing. 5. Complete the Engineer's Report, including all additional items required by the Act of 1972. P. O. BOX 3452 • SARATOGA, CALIFORNIA 95070 • (408) 741 -0159 FAX (408) 741 -5547 City of Saratoga Attn: Mr. Larry Perlin October 5, 1994 Page two 6. When the new assessor's roll becomes available from the County (probably in July), update the data files, preliminary rolls and assessment diagrams to produce final files, rolls and diagrams which agree with the new assessor's roll. 7. Send notices to the owners of all parcels to be annexed, if any, and to the owners of other parcels as directed by City staff or as otherwise required by law. A notice will be produced for each parcel, which will contain the following information: Owner's name and address, assessor's parcel number, amount of the existing assessment, amount of the proposed assessment, the address to which property owners may mail a protest against the proposed assessment, a statement that a majority protest will cause any assessment increase to be abandoned, and the dates, times and locations of the public meeting and public hearing, respectively. This notice, together with a copy of the Resolution of Intention, will be sealed in a window envelope provided by the City, stamped and mailed. 8. Attend any public meetings and public hearings that might be held relative to the proceedings, to explain the methods of spreading the assessments and to answer any questions relative to the above services. 9. Produce and file with the county auditor a computer tape of the assessment roll containing the assessments shown on the final roll. 10. Perform any services requested by the City which are additional to those described above. Fee for Services I propose to perform Items 1 through 6, 8 and 9 above for a lump sum fee of $5,650.00, plus $6.50 per parcel added to the roll since the preceding year. I propose to perform Item 7 above for a fee equal to $1.60 per notice ($150.00 minimum), plus cost of postage and reproduction of the resolution. JOHN H. HEINDEL - CONSULTING CIVIL ENGINEER City of Saratoga Attn: Mr. Larry Perlin October 5, 1994 Page three I propose to perform Item 10 above for a fee equal to $110.00 per hour expended by me, plus 115% of the cost of any outside services and expenses incurred by me. I propose that each year, beginning with the 1996 -1997 fiscal year, the above fees be escalated proportional to the May value of the San Francisco - Oakland -San Jose Consumer Price Index, as published by the U. S. Department of Labor. Please contact me if you have any questions or comments. Very sincerely, H. E NDEL JOHN H. HEINDEL - CONSULTING CIVIL ENGINEER Sunland Park Civic Improvement Association, Inc. 4!111 (Sunland Park Homeowners Association) by °l�� 18241 Purdue Dr., Saratoga, CA 95070 � I 4..4L j i e Sunland. Park Landscaping Meeting January 17, 1995 Saratoga City Building The Sunland Park Landscaping Committee met with Saratoga Public Works Director Larry Perlin and Landscape Architect Jeff Heid to share ideas on improving Quito Road. The goal of the meeting was (1) to meet Jeff, (2) to discuss city involvement and (3) to set up a time line. We also spent a good deal of time talking about ideas and problems (4). (1) On meeting Jeff The Committee seemed to be unanimous in feeling that Jeff is right for the job of designing the landscaping along Quito Road. He has done similar jobs before, and brought plans from other projects for us to look at. Jeff has been in business as a landscape architect since 1980. He is a one man business with offices in downtown Saratoga. Jeff thought that the $3000 dollars we have to spend on the design phase would be enough to create conceptual plans, and there might be extra money to start construction plans. He says he can develop fairly accurate cost estimates from conceptual plans, but actual bids have to come from construction plans. We told him that we also need cost estimates on yearly maintenance of the plans. The committee asked Jeff to create several different conceptual plans at different cost levels. His preliminary view is that spending $40,000 would only create an economy landscape and that more would need to be spent for a quality job. (if homeowners agree to assess themselves $200 each, it would create $40,000. $300 each would raise $60,000.] (2) City involvement Larry told the committee that Saratoga is interested in contributing to the project by widening Quito Road slightly. He says by widening it by 5 or 6 feet, a bike lane could be put it and shoulders could be added. Most ,importantly from a landscaping perspective, drainage and inlet boxes could be moved from the existing ditch onto the road itself. Larry is undertaking several steps to get the landscape design process started. He is ordering a survey or Quito Road because no plans exist now that are good enough to use. Jeff can use the resulting topo to create his landscape design. Larry is contacting the utilities to find out about their requirements. We wondered if PG &E and Pacific Bell can compromise on their access to the lines. This would leave more landscaping options. Ideally we'd like the wires to be put underground, but we all agreed that wasn't going to happen. He's also contacting the bus company to see if the bus stops at Clemson and Baylor can be merged into one stop half way between the two streets. We want to know if the bus company might pay for any work around this potential new stop, especially some sort of shelter. Larry said the city could help us acquire free soil to fill the ditch once drainage is moved onto the street. Money to spread it out and regrade, though, would come from Sunland Park homeowners. He also told us that he is rearranging the slurry coat schedule so all streets in Sunland Park get a new coat this year, rather than over the next 5 years as originally planned. At the same time he said the city's contractor could slurry seal the sidewalk along Quito Road. He also suggested that it probably would be possible for the city to finance our project for us. We would have to pay interest, but if desired homeowners could spread the assessment out over several years. 1 � i (3) Time Line STEP 1 Get topo, contact Underway now utilities and bus company STEP 2 Jeff starts design mid February work STEP 3 Jeff meets with mid March landscape committee with early ideas STEP 4 Jeff finishes plans and mid to late April gets estimates STEP S Homeowners meeting May to unveil plans & costs STEP 6 Homeowners vote on May or June whether to proceed STEP 7 If yes, Jeff makes summertime construction plans & city gets bids STEP 8 Construction begins summer /fall (4) Ideas and problems One idea we all liked a lot was putting traffic islands in at both Clemson and Baylor. This would look attractive, and would provide safety for pedestrians by slowing traffic down as it enters the neighborhood. As mentioned earlier, we also like the idea ' of moving the bus stop to the midpoint between Clemson and Baylor. The home next to the bus stop at _y Baylor hates it, so it would help them. In addition, pavement could be added so buses could pull off the road to pick up passengers. It could be made very attractive by incorporating it into our plans. Vandalism remains a concern, though, since bus stops are a favorite haunt of vandals. We briefly discussed extending the sidewalk from Baylor north a short distance to connect with San Jose's sidewalks. This makes sense, and ._`Larry said there is enough room next to the big pine trees along the edge of the yard. We also agreed that the curb which runs along the sidewalk should be removed because it's ugly. This could be done in conjunction with regrading so there won't be drainage problems for homes backing up to Quito. We noted that the property owner with the RV gate would need to be approached so he /she is aware of our plans. We talked briefly about getting the neighborhood to pitch in and do some of the work to save money. No decision was reached about this, but we did agree that we might want to poll the neighborhood to see what interests and skills people have to help. One concern about planting things ourselves is that any warranty would be voided. Larry suggested that overall we not restrict Jeff too much during the design phase. As he put it "come up with a look, then see what it costs." He also said that this is the sort of project that city council likes. He believes they'll be gung ho. For one thing, he says the area has been neglected for years, and community involvement like this could be trend setting. Sunland Park Landscaping Project The Sunland Park Homeowners have elected to study the potential cost of installing landscaping along the frontage of the development bordered by Quito Road. The plans and cost estimates will be used to decide what project the homeowners might finance in an attempt to cancel the Deferred Improvement Agreement attached to each homeowner's deed. At this time the agreement requires Sunland Park homeowners to pay for the improvements between McCoy and Baylor if the City elected to widen Quito Rd. In order for the project to be consistent with the interest of the homeowners, a landscape committee has been assembled. Listed below are the goals and objectives the committee has identified to help develop a successful plan. Goal To have the City produce a detailed design and cost estimate for installing landscape along the frontage of the Sunland Park Development. Objectives (not listed in order of importance) To maintain the existing level of privacy, security and sound suppression presently experienced by the homeowners whose properties back up to the frontage. To develop a plan that is inexpensive while meeting the needs of the homeowners. To develop a plan that focuses on water conservation and low maintenance. To develop a plan that is acceptable to the City To develop a plan with enough detail to estimate the cost of installation within 15% of the total cost. Also, to be able to estimate the yearly maintenance and City cost for the next 5 to 10 years. To develop a plan that includes an acceptable time line for installation. Time line should include acceptance of the project by the homeowners and City Council, as well as setting up a vote to see if homeowners approve of fees to be paid through their property tax bill. page 2 Ideas In reviewing the frontage, the committee has listed the following items of concern to be discussed with the City's contractor and the City in developing the landscape design. 1. ' Truck access along existing sidewalk seems important for companies maintaining overhead wires. Note that trucks are wider than the sidewalk, so they also need space on either side. While the existing sidewalk seems to be in excellent shape and might not need replacing, what about adding a brick border (or something else) to make it classier? A curved path would be nice but it might be too expensive, especially considering removal of the existing sidewalk. 2. The large bushes adjacent to properties (Pyracantha) are probably expensive to remove. Should they remain, as they provide privacy and a sound barrier? They also certainly prevent vandalism on the fence itself. We have undertaken to talk with the people who live in homes adjacent to Quito Road -to discover their views. One problem is that bushes are different along much of the frontage between Clemson and McCoy. 3. Should landscaping efforts be concentrated on the strip between the road and the sidewalk as a cost effective way to improve the area? Then just low maintenance ground -cover or shrubs could be put on development side of sidewalk, saving money. 4. What about the drainage ditch now between the sidewalk and road. Must it stay? Is it too expensive to fill in, regrade, etc? Water does collect during heavy or prolonged rains, and one homeowner says before the ditch was put in homes adjacent to Quito Road would flood. 5. Where will the water for irrigation come from? Cost estimates must include water usage. 6. The plan should provide for - -and help improve -- pedestrian safety where Quito road intersects with both Baylor and Clemson. Now (especially at Baylor) these are dangerous to walk because of high shrubs and bushes that block motorists views. In addition, the Baylor intersection has curbs, but they are set way back from road, so drivers come around the corner quickly, making sweeping wide turns that leave little room for pedestrians. Maybe moving the curbs and lines to make both intersections appear less broad would improve safety. McCoy, by contrast, is wide open, and seems to be much safer. page 3 7. Specific to the Baylor Road entrance are two huge wooden structures on either side. These may not block much view, but they are not pretty. 8. Signs are a problem as they are now. There are a lot, and if possible they might be consolidated. a. Existing signs (both street names and "no parking" signs) will need to be relocated at edge of road. Now they are at the edge of the sidewalk. b. "Sunland Park" signs may want more prominence. Do we want to light it up? Presumably electricity would be available from sprinkler system. 9. Some homeowners whose property backs onto Quito now use the road for special access. Several have gates in their rear fences. One has a large RV gate. 10. Should the plan include the portion of Quito Road North of Baylor? 11. Could the county provide an improved bus stop with bench or shelter at Clemson? Right now the bus stop is exposed . 12. We may want to contact power company about large pieces of black wire covering that frequently fall onto the sidewalk and nearby bushes, creating an eyesore. 13. Should we put allow for some sort of bus shelter at the stops? If so, would the bus company be willing to pay for it if we provide the spot? F 943 ?!',:209 RECORDING REQUESTED BY: CITY OF SARATOGA 13777 Fruitvale Avenue Saratoga, California 95070 WHEN RECORDED, RETURN TO: x. CITY OF SARATOGA 13777 Fruitvale Avent.e NO FEE Saratoga, California 95070 ) 4~� :- ,6996961 tihR G i � 10 rill ��' UP:7` iiEr.i,3if"%,.;' .Lci)„E)ER-. AGREEMENT RELATING TO FUTURE WIDENING AND IMPROVEMENT OF QUITO ROAD F 943 ?:::209 This,-�s an agreement between the City of Saratoga � n , (City) and 4:-.' (Owner) relating t widening and improvement of Quito Road. WHEREAS, Owner's real property - more particularly described in Exhibit "A" attached hereto and incorporated herein - is located within a residential subdivision known as the Sunland Park Tract. Sunland Park is about to be annexed into the City of Saratoga pursuant to proceedings now pending before the City Council; and WHEREAS, Owner and other owners of real property within Sunland Park have previously accepted the condition of the City Council that an agreement relating to widening and improvement of Quito Road along the frontage of Sunland Park be entered into with City as a prerequisite to annexa- tion; and WHEREAS, City has no immediate intention to widen and improve Quito Road along the frontage of Sunland Park; and WHEREAS, by this agreement City and Owner desire to set forth their respective rights and obligations relative to possible future widening and improvement of.Quito Road. D N ® FEE TO BE CHARGED IN WITH GOV''. CODE SEC. 6103, CITY nr SARgTOGA NOW, THEREFORE, IT IS AGREED: F 943 210 1. Participation in assessment or other taxing district. Owner agrees to participate in any assessment . district, special taxing district or other financing mechanism desired by .City as a method for financing the improvements described below. This agreement shall con- stitute a waiver by Owner of any right to protest the establishment of such assessment, taxing or financing mechanism. For its part, City agrees that any such method for financing said improvements shall be spread equitably among all the owners of real property in Sunland Park as of the date such district or funding mechanism is established. Additionally, prior to undertaking project, City agrees to explore and consider any alternative or supplemental means of financing the project through federal, state, or county funding sources. 2. Description of Sunland Park. As used in this agreement, "Sunland Park" consists of the residential area included in the annexation proceedings now pending before City. A precise legal description of Sunland Park is attached as Exhibit "A" to the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING PROCEEDINGS FOR THE ANNEXATION OF AREA COMMONLY KNOWN AS SUNLAND PARK adopted on December 3, 1980. 3. Description of project. The project covered herein consists of the widening and improvement of Quito Road to the center line along the frontage of the Sunland Park Tract only. Said frontage is approximately 1,640 feet in length. Widening and improvement of Quito from the center line along the side opposite from 0 -2- . F 343 211 Sunland Park is not covered by this agreement. The project contemplated herein is a one -time widening project covering all work and costs associated therewith including grading, paving, curbs, gutters, sidewalks and reconstruction of the drainage system within the above - described Sunland Park frontage. The decision whether to undertake this project and, if so, the scope of the work is completely within the discretion of City. 4. Limitation on obligation of Owner. owner's obligation hereunder is limited solely to payment of his or her prorata share of the project cost - including a prorata share of legal and administrative expenses relating to the formation of the assessment district, special taxing district or other financing mechanism and all costs relating to performance and supervision of the work - said share to be determined by City in accord with paragraph one above. In all other respects, Owner's responsibility for maintenance of Quito or liability of any kind associated with Quito Road including liability for claims arising directly from the widening project itself shall be no greater and no different from the responsibility /liability of any other resident and /or owner of real property within City. City shall defend and hold Owner harmless from any liability arising out of widening /improvement of Quito as the result of this agreement. 5. Agreement binding on successors in interest. This agreement is an instrument affecting the title or possession of the real property described in Exhibit "A ". All the terms, covenents and conditions herein imposed .-3- F 943 ?i:212 shall run with the land and be binding upon and inure to the benefit of the successors in interest of Owner. Upon the sale or division of the property described in Exhibit "A" the terms of this agreement shall apply separately to each parcel and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. IN WITNESS WHEREOF, City has executed this agreement at Saratoga, California on JAN 71981 Ap r d o rm: ity Attorney City of Saratoga IN WITNESS WHEREOF, Owner has executed this agreement at California on`Z �L.. /, //j Owner Address: J le 'ire STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA) On this e7� day ofoU-%c.:"e= in the year one thousand nine hundred and' - flighty t efore me, the undersigned, a Notary Public, State of California, duly commissioned and sworn, personally appeared r / �,� N -1L' 41 , 5 L, i' known to me to be the person whose name /7 subscribed to the within instrument and acknowledged to me that :;executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Santa Clara the day and year in this certificate first above written. PAT BOESIOER Notary Public, State` of Ca. fornia NOTARY PUSLIC•CALIFORNIA SANTA CLARA COUNTY j My 6M-18W- GXPIM Nov. 11, 1981 i -4-