HomeMy WebLinkAbout02-07-1988 City Council Staff Reportsr
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. ,
MEETING DATE: 2 -7 -88
ORIGINATING DEPT: ENGINEERING
SUBJECT: Final Acceptance of Improvement and Release
of Bond, Sixth Street, Carol Mauldin
Recommended Motion:
Accept Final Improvements and release bond.
Report Summary:
AGENDA ITEM
J
CITY MGR. APPROVAL
Carol Mauldin was required to install improvements along Sixth Street under
use permit for office building. All improvements have been satisfactorily completed
and maintained for one year.
Therefore, the bond for the above project should be released.
Fiscal Impacts:
None.
Attachments:
1. Memorandum.
M -4- 4 -.-. --A T7. -.4-.. .
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13777 FRUITVALE AVENUE SARXrOGA, CALIFORNIA 05070
1 (408) 887 -3438
MEMORANDUM.
TO: Finance Department DATE: 3 -7 788
FROM: City Engineer
SUBJECT:. Bond Release for: Carol Mauldin
• Sixth S raafi
The work guaranteed by the bond listed below has been satisfactorily
completed. I am, therefore, requesting that bond be released as,
follows:
1. Bond Type: Assignment Certificate
2: Amount: $7,000.00
3. Receipt,-Bond or
certificate no.: 1501 024897 -000
4. Date Posted.-- 8 -1 -1986
5.- Bond posted by: Carol Mauldin
6 . Work guaranteed: Improvements of Sixth Street
7. Account Number: N/A
Issue Bond release to:
Name: Carol Mauldin
Address: 14650 Sixth 'Street
Saratoga, Ca. 95070
CJA-, y .FAigineQ.r
1 '
SARATOGA CITY COUNCIL
71
EXECUTIVE SUMMARY NO.
MEETING DATE: 2 -3 -88
ORIGINATING DEPT:
ENGINEERING
SUBJECT: Overlay Certain City Streets
"Notice of Completion"
Recommended Motion:
AGENDA ITEM Q
CITY MGR. APPROVAL !
The work on the subject has been satisfactorily completed and it is our
recommendation that this work be accepted and "Notice of Completion" filed.
Report Summary:
The Saratoga City Council, at their regular meeting on October 7, 1987 awarded
the contract for the above project to Raisch Construction Company. The work on
the project has been satisfactorily completed and it is recommended that this work
be accepted.
Fiscal Impacts:
Total construction cost of $150,649.79.
Attachments:
1. Notice of Completion.
2. Progress Payment.
Motion and Vote:
1
r�
PROGRESS PAY ESTIMATE
PROJECT.:* OVERLAY CERTAIN CITY STREETS 1987 (Phase II)
DATE: 1 -18 -88 EST. N0. #2 CITY OF SARATOGA
13777 FRUITVALE AVE..
FROM: •11 -28 -87 T0: .Tan. 15, 1988 SARATOGA, CALIF. 95070
Sheet 1 of .1
CONTRACTOR: RAISCH CONSTRUCTION
ADDRESS: P. 0. Box 729
Mt. View. CA, 94042.
Approved For i•'`--�yrnent
{
I
_ji
WRK. DONE
THIS EST.
TOTAL
WRK.DONE
UNIT
:` PRICE
TOTAL
DUE
%WORK
DONE
REM.
BID ITEM
QUANTITY
UNIT
PRICE
TOTAL
WRK.DONE
PREVIOUS
EST.
1
Install 1 " A.C. Overlay
$ 2,459.00
31.75
$78,073.25
2,330.25
010
2,370.25
31.75
75 255.44
96.39
0.0
27,000.00
0.50
13,500.00
97.23
Install Fabric Mat
27,368.00
0.50
13,884.00
27,000.00
0.0
4
1.0
5 400.00
77.79
A_R.A000 Asphalt Binder
6,942 .00
1.0
6,942.0
5,400.00
4.
of
Repair Failure Section Stree
13,237.00
.2.0
26,474.00
13,613.00
0.0'
13,613.00
2.0
27,226.00
102.84
5
Wedge Cut
5,890.00
1.0
5,890.00
5,824.00
0.0
5,824.00
1.0
5,824.00
98.88
6
1" A.C. Overlay (Machine)
303.00
31.75
9,620.25
300.00
0.0 _
11 T9
361.95
7
Conform Asphalt
90.:0
2,857.50
0.0
11.40
$
Raise Manholes
iLn
160.0
5,120-00
0.0
53.0
53 n
160.00
8.480.00
165.60
9
Paint 4" Double Yellow Line
9,711.0
0.75
0.0
3 628.0
296.25
133.77
10 1-
Paint " w Line
3b9.0
426.75
0.0
_ 395.:00
2,721.00
69.42'
Approved For i•'`--�yrnent
{
I
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PROJECT: OVERLAY CERTAIN CITY STREETS
DATE: 1 -18 -88 EST. N0. 2
FROM: 11 -28 -87 TO: San. 15, 1988
PROGRESS PAY ESTIMATE
CITY OF SARATOGA
13777 FRUITVALE AVE.
SARATOGA, CALIF. 95070
Sheet 2 of 2
CONTRACTOR: RAISCH CONSTRUCTION
ADDRESS: P. 0 Box 729
mt. V- {ew CA. 94042
BID ITEM
QUANTITY
UNIT
PRICE
TOTAL
WRK.DONE
PREVIOUS
EST.
WRK. DONE
THIS EST.
TOTAL
WRK.DONE
UNIT
PRICE
TOTAL
DUE
%WORK
DONE
REMARKS
11 Paint 4" White Solid Edge
100:0
700
0.0
97.0
97.0
0.75
72,75
97.0
12 Install 270 Double M yellow arkers
270.0
7.0
0•0 1
128.0
128.0
7.0'
"896.0
47.4
1 Install Blue Marker
16.0
8.0
88.00
0.0
14,0
14.0
8.0
112.0
127,3
14 Paint Pavement Markings
L.S•
540.0
540.00
0.0
L,S.
L.S.
540.0
540.0
100.0 '
Extra Due to
15 Install Type A -Y Marker
169.0
2..60
439.40
0.0
169.0
169.0
2.60
439.40
10010
Change of
RECORD OF PREVIOUS PAYMENTS TOTAL DUE 150,649.79
LESS 10% RETENTION 15 0 .
12 -16 -87 $ 123,057.40 TOTAL PAYMENT 135.584.81
n LESS PREVIOUS PAYMENTS 12 Please Release
Made By: Retention of
Checked B i PAYMENT DUE THIS EST. 12 527.41 $15,064.98 on
March 9, 1988
I
TOTAL $ :123.057.40 Approved b j l
I-
City Engineer
no ii :i. Il o r III
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. % C AGENDA ITEM
MEETING DATE: 2 -3 -88 CITY MGR. APPROVAL
ORIGINATING DEPT: FNGTNFFRTNG
SUBJECT • Canyon View Drive Overlay
"Notice of Completion"
Recommended Motion:
The work on the subject has been satisfactorily completed and it is our
recommendation that this work be accepted and "Notice of Completion" filed.
Repoft Summary:
The Saratoga City Council, at their regular meeting on 6- 17 -87, awarded the
contract for the above project to O'Grady Paving, Inc. The work on the project
has been satisfactorily completed and it is recommended that this work is accepted.
Fiscal Impacts:
$52,339.79 from Fund 0019 Street Construction Subvention. This project was
approved in the 1986 -1987 Capital Improvement Budget and is part of Pavement
Management Reconstruction: Project 909 in the Budget.
Attachments:
1. Notice of Completion.
Motion and Vote:
1 7
r - - j► .
A
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
I
Nam.
Sheer
Add—,
car L J
c "-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Noti.e of (ImWirtion
Notirr is hereby given that .......I .............. . the undersigned, .. RRY R: PEA000K.........
................................................................................................................................. ...............................
.............................. )the agent ofd* the owner....... of th............. certain lot............ piece..............., or,
parcel ............. of land .situated in the ................... Ci. ty...O f.. Saxawga................................ Count)" of
....... : .............. Santa ..0 Za xa.................................. State of California, and described as follows, to -wit:
l
CANYON VIEW DRIVE OVERLAY
i
That CITY OF SARATOGA ...................
................................................ ............................... . as owner...... of said land, did, on the ...7...........
day of ............... X INE ................................ 1 19 A7............. , enter into a contract with .........................
........................................................................................................................... ............................... for
O'Grad.Y.. Pavingo... Inc :................................. ...............................
......................
................. ............................... .............................. ...............................
................................................................................................................................. ...............................
upon the land above described, which contract was filed in the office of the county recorder of the
....... ............................... count o .. State of California, on
the................ ............................... day of .............. .....�.......................... 119 ............;
That on the........... 2. 7th ............................. day o J anuary ............................ 1.9-88 .....
the said contract or work of improvernent., as a whole, was actually completed by the said ...................
. ................................. .........:....................;
.........................................................
That the name ...... and address...... of all the owner...... of said properly are as follows:
CITY OF SARATOGA
13777 Fruitvale Ave.
Saratoga, Ca. 95070
and the nature of ........ ............................... title to said property is ........................ ...............................
................................................................................................................................. ...............................
................................................. ...............................
................................................. ...............................
............................ Owner............
STATE OF CALIFORNIA
ss. liy ............... ...............................
Coil - nt o Agent
................................................................................................................................. ...............................
beingduly sworn . ........................................................................................... ............................... says:
I aun .......... (the agent of]* the owner...... of the property describer) in the foregoing notice. I have
read the foregoing notice and know the contents thereof, and the .same is true, of my own knowledge.
Subscribed and sworn to before me this
.......................... day of ...................... 19 ....... 1 ................................................. ...............................
........................... ............................... �.......... J
...............................
................................................
' Delete words in brackets if owner signs.
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. /4U
MEETING DATE: 2 -3 -88
ORIGINATING DEPT: ENGINEERING
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: FINAL MAP APPROVAL FOR SD -87 -010
Sunboro Development Company
Saratoga- Sunnyvale Road & Gerald Zappelli Court (2 lots)
Recommended Motion:
Adopt Resolution No. SD87- 010 -02 attached approving Final Map Approval.
Report Summary:
1. SD 87 -010 is ready for Final Map approval.
2. All requirements for the City and other departments have been completed.
3. All fees have been paid.
Fiscal Impacts:
None.
Attachments:
1. Resolution No. SD -87- 010 -02.
2. Resolution approving Tentative Map.
3. Location Map.
Mn +- inn n n A Vntn-
RESOLUTION NO. SD -87- 010 -02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING BUILDING SITE OF Sunboro Development Company
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1:
The 0.476 Acre and 0.289 acres parcels shown as Parcel A and B on
the final Parcel Map prepared by HMH, Incorporated, and submitted to the
City Engineer, City of Saratoga, be approved as two (2) individual
building sites.
The above and foregoing resolution was duly and regularly introduced and
passed by the City Council of Saratoga at a regular meeting held on the
day of , 19 by the following
vote:
AYES:
NOES:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
RESOLUTION NO, SD-87 -010
RESOLUTION APPROVING TENTATIVE MAP OF
Rodoni, APN 397 -29 -005, Saratoga -Bunn le Road
/IJHEREAS, application has been made-to the Advisory Agency
under the Subdivision Map Act of the State of California and un-
der the Subdivision Ordinance 'of the City of Sarat.ogaj'for tents-
tive map approval of a lot, site or subdivisions of 2
all as more particularly set forth in File No'. SD-Of * -lots,
City, and o this
WHEREAS., this Advisory Agency hereby finds that the proposed
subdivision, together with the provisions for its design and im -
provement, i
all specis consistent with the-Saratoga General Plan and with
fic plans relating thereto, and the proposed subdivision
and land use is compatible with the objectives, policies and -
eral land use and programs specified in such General Plan, refer-
ence to the Staff Report dated 10/14/87
being hereby made for further particulars, and
WHEREAS, this body has heretofor received and considered the
(Negative Declaration) prepared for
this project in accord with the currently a
Of CEQA, and pplicable provisions
WHEREAS, none of the conditions set forth in Subsections (a)
through (g) of Government Code Section 66474 exist with respect
to said subdivision, and tentative approved should be,'granted in
accord with conditions as hereinafter set forth.
NOW, THEREFORE, BE IT RESOLVED that the tentative -
hereinafter described map for the
, subdivision, which map is dated the .27th
day of May 19 87 and is marked Exhibit ______�
the hereinabovereferred to file.,. be and the same is- here- 5y`en,
ditionally approved.. The conditions of said approval are as more
particularly set forth on Exhibit A and incorporated here-
in by 'reference.
The above and foregoing resolution was dul
by the Planning Commission Y Passed and adopted'
at a meeting thereof held on the
is h day of oc ber 19 87 at 'which a quorum
was present, by t e following vote:
AYES: Chair-Harris, Commissioners Guch,
Burger, g Tucker, Clay, Siegfried
NOES: Commissioner Kolstad
VISORY AGENC
ABSENT: None '
By:
C irman, Planning Commission
ATTEST:
e.
Y, g'
_1
SO -87 -010; Saratoga - Sunnyvale Rd. & Gerald Zapelli Ct.
EXHIBIT "A"
I. SPECIFIC CONDITIONS - ENGINEERING DEPARTMENT
a. Construct standard driveway approaches.
b. Convey drainage water to street, storm sewer or watercourse as
approved by the Director of Public Works.
C. No direct access allowed onto Saratoga - Sunnyvale Road from Par-
cel "B'.
d. Move utilities (poles, pipes, etc.) as may be required.
e. Obtain encroachment permit from-Cal Trans for work done within
State right -of -way.
f. Obtain encroachment permit from Department of Public Works for
driveway approaches or pipe crossing of City street at time of
obtaining building permit.
g. Provide Public Service Easements as needed by utility companies.
II. SPECIFIC CONDITIONS - STATE DEPARTMENT OF TRANSPORTATION
a. Encroachment Permit required for any work done within the State
Highway right -of -way (Saratoga - Sunnyvale Road).
b. Grading and drainage plans to be reviewed and approved by
Department of Transportation prior to final map approval.
III. SPECIFIC CONDITIONS - SANTA CLARA COUNTY ENVIRONMENTAL HEALTH
a. A sanitary sewer connection will be required.
b. Any existing septic tanks) must be pumped and bacl; filled in
accordance with Environmental Health standards.
C. Domestic water shall be supplied by San Jose water.
d. Any existing wells must be sealed in accordance with County
standards.
e. The existing underground tanks, fuel pump, and any hazardous
materials shall be removed in accordance with Santa Clara County
Hazardous Materials Dept. requirements.
IV. S°FnTrTC C:ONOITTONS - SARATOCA FIRE DISTRICT
a. Fire hydrants: Developer shall install one fire hydrant that
meets the Fire District's specifications. Hydrant shall be in-
stalled and accepted prior to construction of any building.
b. Driveways: All driveways have a 14 ft, minimum width plus one
ft. shoulders.
(1) Slopes from 0% to 11% shall use a double seal coat of 0 & S
or better-on a G" aggregate base from a public street to the
proposed dwelling.
(2) Curves: Driveway shall have a minimum inside radius of 32 ft.
C. Turn- arounds: Construct a turn - around at the proposed dwelling
site (parcel A) having a 32' inside radius. Ot.her approved types
must meet the requirements of the Fire district. Details shall
be shown on-the building plans.
d. Parking: Provide a parking area for two emergency vehicles at
the proposed dwelling site (Parcel A) or as required by the Fire
District. Details shall be shown on the building plans.
V. SPECIFIC CONDITIONS - BUILD'ING INSPECTION
a. Detailed on -site improvement plans showing the following shall be
submitted to the Building Dept. prior to issuance of.grading or
building permits.
(1) Grading (limits of cuts, fills; slopes, cross- sections,
existing and proposed elevations, earthwork,quantities)
(2) Drainage details (conduit type, slope, outfall, location,
etc.)
(3) Retaining structures including design by A.I.A. or R.C.E.
for walls 3-feet or higher.
(4) All existing structures, with notes as to remain or be
removed.
(S) Erosion control measures
(6) Standard information to include titleblock, plot plan using
record data,* location map, north arrow, sheet no's. owner's
name, etc.
VI. SPECIFIC CONDITIONS - SANTA CLARA VALLEY WATER DISTRICT
a. In accordance with District Ordinance BS -1, the owner should show
any existing wells) on the plans. 'The well(s) should be
properly registered with the District and either maintained 'or
abandoned in accordance with District standards. Written-confir-
mation from the developer or the engineer regarding the existence
of any wells and their proposed deposition is required.
3
VIII. SPECIFIC CONDITIONS - PLANNING DEPORTMENT
a. Dedicate landscape easement as shown on tentative map and enter
into Landscape Maintenance Agreement with the City for fencing
and landscaping prior to Final Map Approval.
b. Plans for landscaping and fencing of the Saratoga- Sunnyvale Rd.
and Gerald Zappelli ct. frontage should be submitted to the
Planning Department for review and approval prior to Final Map
Approval.
c. All existing structures to be removed or made to conform to Code
prior to Final Map Approval. If removal of the existing metal
shed along the southern property line leaves the property
unenclosed, a 6 ft. high cyclone fence to match the existing
shall be erected along the property line.
d. Design review approval regiured for proposed residences.
e. Future home on Parcel B to be single story in design.
The foregoing conditions are hereby accepted.
Signature of Applicant Date
4
REPORT TO PLANNING COMMISSION
SD -87 -010
Heirs of Lillian Rodoni
Saratoga - Sunnyvale Rd.
and Gerald Zappelli Ct.
2 lot subdivisinn
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SARATOGA CITY COUNCIL
i /I
EXECUTIVE SUMMARY NO. AGENDA ITEM (-.1/
MEETING DATE: 2 -3 -88 CITY MGR. APPROVAL
ORIGINATING DEPT: ENGINEERING
SUBJECT: City Geologist Contract
Recommended Motion:
Approve contract for City Geologist services with William Cotton and Associates
and authorize the Mayor to execute same.
Report Summary:
Request for proposals distributed to several firms to provide City Geologist
services.
Only current City Geologist responded.
Past performance by current City Geologist has been excellent.
Fee to City is discounted approximately 20 %.
• Fiscal Impacts:
Variable depending on applications, however, cost of services is passed on
to applicant.
Attachments:
- Proposed Contract.
- Staff Report.
Motion and Vote:
Cee-
This agreement is made and entered into this _ day of , 1988,
by and between the. CITY OF SARATOGA, a municipal corporation, hereinafter .
called CITY, and WILLIAM COTTON AND ASSOCIATES, INC., a corporation
hereinafter called GEOTECHNICAL CONSULTANT.
RECITALS
CITY is desirous of contracting with a geotechnical consulting firm to provide
advice and consultation in regard to proposals for which approvals or permits are
requested from CITY. GEOTECHNICAL CONSULTANTS are duly registered and
certified as engineering geologists and geotechnical engineers, and are willing to
provide such engineering geologic and geotechnical engineering services to CITY, on
request, as hereinafter set forth in this agreement.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto as follows:
1. Geotechnical Services
On request of the City Engineer or Planning Director,
GEOTECHNICAL CONSULTANT will perform engineering
geologic and geotechnical engineering services on behalf of
CITY in the following particulars:
a) Review of single building sites to assist in
establishing conditions of building permit approval.
b) Review of tentative subdivision maps to assist in
establishing conditions of'tentative map approval.
1
C) Review geotechnical reports and Environmental
Impact Reports submitted to the CITY in support of
development projects in accordance with Chapter 3,
Saratoga City Code.
d) Review of CITY'S excavation and grading ordinance
to determine areas in which. effectiveness of the
ordinance could be increased.
e) Provide geologic and geotechnical engineering
input to the CITY'S Planning, Inspection Services
and Engineering departments as requested.
f) Provide a written letter response: to the. CITY by the
date specified by the CITY or within 10 working days
after receipt of submitted review material and CITY
authorization. For applications * with unusual or
complicated geologic conditions, additional
response time may be required and the CITY shall
be notified accordingly.
Which services shall be compensated for by CITY at the times,
and in the amounts, as hereinafter set forth. All such'services
shall be performed by GEOTECHNICAL CONSULTANTS in a,
good and workmanlike manner and in accordance with the
highest standards of engineering geologic and geotechnical
engineering practices.
2. Payment for Services
CITY will pay GEOTECHNICAL CONSULTANT for said services by
payment in accordance with the following 1988 Professional Fees
Schedule less an approximate discount of 20% on all personnel
charges:
K
3.
1988
Professional City Review
Fees Fees
Principal Geologist /Engineer
$95 /hr
$75 /hr
Senior Geologist/ Engineer
$70 /hr
$55 /hr
Staff Geologist /Engineer
$60 /hr
$50 /hr
Word Processor
$35 /hr
No Charge
Once per month, the GEOTECHNICAL CONSULTANT will
furnish CITY with an itemized invoice for all services rendered
for the preceding month. Itemized invoice should contain:, job
name, address, and number; date of each entered item; time
spent; nature of time spent; identification. of the individual
performing the work; billing rate; charges and total. Itemized
statement. shall first be reviewed and approved by the' City
Engineer or Planning Director, and upon such approval CITY
shall cause said invoice to be paid within thirty (30) days from
date of receipt' thereof.
OM I o
This agreement shall be and remain in full force, and effect for
fiscal year July 1, 1987 to June 30, 1988 or until terminated by
one or both parties. During said' period of time,
GEOTECHNICAL CONSULTANTS hold themselves, open to
supply the necessary time, on request, to accomplish all of the
items as set forth under Part 1' of this agreement. CITY may
terminate this agreement at any time without cause upon
giving GEOTECHNICAL CONSULTANT a notice of
discontinuance or termination of the same, in writing, which
said notice shall be sufficient and complete when the same is
deposited in the United States mail, postage prepaid, addressed
to GEOTECHNICAL CONSULTANTS, 330 Village Lane, Los
Gatos, California 95030. In the event of such termination of
this agreement, GEOTECHNICAL CONSULTANT shall be paid .
3
by the CITY for all services theretofore rendered and unpaid,
and for nothing more.
GEOTECHNICAL CONSULTANT may terminate this
agreement sixty (60) days after giving written notice of intention
to so terminate. Such written notice shall be to City Clerk, the
sixty days commencing upon receipt of notice by City Clerk.
4. General Provisions
a) GEOTECHNICAL CONSULTANTS are not acting
hereunder in any manner as employee or employees
of CITY, but solely as independent contracting
geotechnical consultants, and CITY shall not under
any circumstances be liable to GEOTECHNICAL
CONSULTANTS or any person or persons acting for
or under said GEOTECHNICAL CONSULTANTS for
any death or injuries received or claimed, and said
GEOTECHNICAL CONSULTANTS agree to and do
hereby hold CITY free and harmless from and against
any and all claims or liabilities therefor.
b) Any and all documents, drawings, plans,
specifications and data prepared by GEOTECHNICAL
CONSULTANTS under this agreement, shall at all
times be and become the property of CITY, and
GEOTECHNICAL CONSULTANTS furnish CITY.
with copies of any and all field notes.
C) By entering into this contract, GEOTECHNICAL
CONSULTANTS are precluded from performing
geotechnical services for any other person, firm or
corporation within the City of Saratoga, but are not
precluded from entering into other or further
contracts or agreements with CITY for any projects
covered by this contract.
4
a'
d) GEOTECHNICAL CONSULTANT'S review of
tentative maps, geotechnical reports and
Environmental Impact Reports as described in 1(b)
and 1(c) above shall be an advisory function only.
Approval or disapproval thereof shall be by CITY'
alone. Responsibility for accuracy, completeness,'
correctness and the proprietary of any
recommendations contained in such tentative maps,
geotechnical reports and Environmental Impact
Reports shall remain solely with the geotechnical
consultant(s) preparing the map or report being
reviewed.
e) GEOTECHNICAL CONSULTANTS may, with
concurrence of CITY, .contract with specialty
consultants they deem necessary for the review 'of
any project or report as described herein. Costs for
such subcontracting consultants shall be included
with the itemized, charges of GEOTECHNICAL
CONSULTANTS described in Section 2 of this
'Agreement. GEOTECHNICAL CONSULTANT shall
remain responsible for any work-performed by
subcontracted consultants.
f) This agreement is neither transferrable nor
assignable by GEOTECHNICAL CONSULTANT, and
all services performed by GEOTECHNICAL
CONSULTANT shall be performed by either the
principals or GEOTECHNICAL CONSULTANT'S
firm, or an employee, and not by any independent
contractor of GEOTECHNICAL CONSULTANT.
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first hereinabove written.
CITY OF SARATOGA
MAYOR
WILLIAM COTTON AND ASSOCIATES, INC.
M
ATTEST:
CITY CLERK
Approved as to form:
CITY ATTORNEY
WRC:TS:mjs
0
GEOTECHNICAL CONSULTANTS
r1r�,i
MOM WOM
REPORT TO MAYOR AND
CITY COUNCIL
DATE: 1-28-88
COUNCIL MEETING: 2 -3 -88
SUBJECT: City Geologist
In an effort to test the market place relative to City Geologist
services this office prepared a Request for Proposals for those services
and distributed it to eight firms. Some of these firms indicated a lack
of interest for a variety of reasons. Others simply did not submit proposals.
In fact, the current City Geologist, William Cotton and Associates, is the
only one to submit a proposal.
This lack of response from others is not all bad because it does allow
us to update the existing contract and define more definitely the services
to be provided by the City Geologist.
William Cotton and Associates have provided excellent service through
the years. It is recommended that their proposal be accepted and that you
approve the contract and authorize the Mayor to execute it on behalf of the
City.
obert S. o k
City Engineer
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: 2 -3 -88
ORIGINATING DEPT: ENGINEERING
AGENDA ITEM
CITY MGR. APPROVAL
SUBJECT: Approve Resolution to Accept Offer of Dedication
of Alley between Saratoga Avenue and Saratoga -Los Gatos Road
Recommended Motion:
Approve Resolution No. to accept Offer of Dedication of Alley between
Saratoga Avenue and Saratoga -Los Gatos Road.
Report Summary:
Alley between Saratoga Avenue and Saratoga -Los Gatos Road was offered for
dedication by the Saratoga Park Lots Subdivision Map. No acceptance has ever
been accomplished. Because of that the responsibility for maintenance of this
area has never been clear.
Because of the Post Office, Fire Department, and Sheriff's substation this
area is perceived as a public facility.
Acceptance of the dedication will clarify that the City will maintain it as
a public way.
Fiscal Impacts:
Initial cost of repair and overlay is $5,000.00 and future'maintenance cost
will be $300.00 per year.
. Attachments:
1. Resolution No.; cqV&
Motion and Vote:
CIO, ,
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 1403
MEETING DATE: 2 -3 -88
ORIGINATING DEPT: ENGINEERING
AGENDA ITEM
CITY MGR. AP
SUBJECT • APPROVE RESOLUTION-TO ACCEPT OPEN SPACE EASEMENT
ON LOT 1 OF TRACT'7761, HARBOR BUILDERS
Recommended Motion:
Accept Open Space Easement on Lot one (1) of Tract 7761.
Report Summary:
Saratoga City Council, at their regular meeting: on September 7-, 1987 approved
the final map for above tract. Open Space Easement on Lot One (1) was not shown
on the Tract Map and we have prepared separate document for open space on Lot One (1).
It is recommended that this Open Space Easement be accepted.
Fiscal Impacts:
None.
Attachments:
/I
1. Resolution
No.
2. Open Space
Easement Agreement.
Motion and Vote:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA ACCEPTING AN OPEN
SPACE EASEMENT COVERING A PORTION OF
LOT 1 IN THE MT. EDEN ESTATES SUBDIVISION
WHEREAS, HARBOR BUILDERS CO., INC., a California corporation, has
granted to the City of Saratoga an open space easement covering a portion of Lot 1 in
the Mt. Eden Estates Subdivision; and
WHEREAS, with respect to the land subjected to the open space easement,
the City Council has found and determined that:
(a) Preservation of the land as open space is consistent with the General.
Plan of the City; and
(b) Preservation of the land as open space is in. the best interest of the
City for the following reasons:
(1) The land is essentially unimproved and if retained in its natural.
state has scenic value to the public.
(2) Retaining the land as open space will help preserve the rural
character of the area in which the land is located.
(3) Retaining the land as open space will add to the amenities of
living in neighboring urbanized areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Saratoga that the above described grant of an open space easement be and the same
hereby is accepted.
s * s
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 3rd day of February, 1988, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
City Clerk
Mayor
Recorded at the request of:
THE CITY OF SARATOGA
After recordation return to.
CITY OF SARATOGA
Planning Department
13777 Fruitvale Avenue
Saratoga, CA 95070
GRANT OF OPEN SPACE EASEMENT
JAN 15 198C,
THIS AGREEMENT, made this day of , 1988, by
and between HARBOR BUILDERS CO., INC., a California corporation (hereinafter
referred to as "Grantor ") and THE CITY OF SARATOGA, a municipal corporation
(hereinafter referred to as "City ").
WITNESSETH:
Grantor is the owner of certain real property located in the City of
Saratoga, County of Santa Clara, State of California, described as Lot 1 of the Mount
Eden Estates Subdivision, as shown on the map thereof recorded in the Office of the
Recorder for Santa Clara County, California, in Book 567 of Maps, at Pages 48, 49 and
50 (hereinafter referred to as the "Subject Property ").
It is the desire of Grantor to grant to City an open space easement on,
upon, across and under a portion of the Subject Property, pursuant to Chapter 6.6
(commencing with Section 51070) of .Part 1, Division 1, Title 5 of the California
Government Code, whereby Grantor relinquishes certain rights and enters into certain
covenants relative to such easement, as hereinafter set forth.
The purpose of this Grant of Easement and its acceptance by City is to
maintain a portion of the Subject Property in a natural condition as open space land
and to preserve as near as possible the scenic beauty thereof for enjoyment by the
public. This grant is for the additional purpose of preventing the construction of
improvements upon a portion of the Subject Property which is, or may be, unsuitable
for development by reason of topographic or geologic constraints.
NOW, THEREFORE, in consideration for the substantial public benefits to
be derived therefrom by both Grantor and City, the parties agree as follows:
1. Grantor hereby grants to City an open space easement on; upon, over,
across, -above and under that portion of the Subject Property described in Exhibit "A,"
attached hereto and made a part hereof. Grantor does hereby relinquish to the public,
in perpetuity, the right to construct improvements within the open space easement,
except as expressly reserved in Paragraph 6 hereof.
2. Grantor covenants and agrees for itself and its successors and
assigns, that Grantor, its successors and assigns, singularly or in combination:
(a) Except as herein expressly reserved, shall not erect, construct,
place or maintain or permit the erection, construction, placement or maintenance of
-1-
IM
any improvement, building, structure, ornamental landscaping or other thing
whatsoever on any portion of the open space easement.
(b) Except as herein expressly reserved, shall not use or permit the
use of any portion of the open space easement for any purpose, except as open space
consistent with the stated purposes, terms, conditions, restrictions and covenants of
this Agreement, with the provisions of Chapter 6.6 (commencing with Section 51070)
of Division 1, Part 1, Title 5 of the Government Code, and with the findings of the
City Council of the City of Saratoga relative to the open. space easement pursuant to
Government Code Section 51084.
(c) Except as herein expressly reserved, shall not cover or cause
any portion of the open space easement to be covered with any asphalt, stone,
concrete or other material which does not constitute natural cover for the land nor
otherwise disturb the existing natural cover of such land.
(d) Shall not extract, sever or remove nor permit or cause to be
extracted, severed or removed any natural resource found or located on, above or
under the open space easement, or otherwise engage in or permit on such easement
any activity which will or may destroy the unique physical and scenic characteristics
of the property.
(e) Shall not cut, uproot or remove or permit the cutting, uprooting
or removal of timber or trees found or located on the open space easement, except as
may be required for fire prevention, thinning, elimination of diseased growth or similar
preventive measures in a manner compatible with scenic purposes.
W Shall not excavate or grade or permit any excavation or grading
to be done, except to the extent such excavation or grading is pursuant to the grading
plan for Tract 7761 approved by City or shall be required to prevent soil erosion,
landslide or other geologic hazard, and upon issuance of such permits as may be
required under the Ordinances of the City of Saratoga.
(g) Shall be responsible, for maintenance of the property subject to
the open space easement.
3. Grantor hereby grants to City the right, but not the obligation to
enter upon the Subject Property for the purpose of removing any building, structure,
improvement or other thing whatsoever constructed, erected, placed, stored, deposited
or maintained on the open space easement contrary to the stated purposes of this
Agreement or to any term, condition, restriction or covenant contained herein, or to
prevent or prohibit any activity which is contrary to the stated purposes, terms,
conditions, restrictions or covenants of this Agreement or which will or may destroy
the unique physical and scenic characteristics of the property within the open space.
easement.
4. The stated purposes, terms, conditions, restrictions and covenants set
forth herein and each and all of them may be specifically enforced or enjoined by -
proceedings in the Superior Court of the State of California.
5. The granting of this open space easement and its acceptance by City
does not authorize and is not to be construed as authorizing the public or any member
thereof to trespass upon or use all or any portion of the open space easement or as
granting to the public or any member thereof any tangible rights in or to such
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\J
easement or the right to go upon or use or .utilize such easement in any manner
whatsoever. It is understood that the purpose of this easement is solely to restrict the
uses to which the property subject to the easement may be put so that said property
may be kept as near as possible in its natural condition.
6. Grantor • hereby reserves the right to plant, transplant, remove,
replant and install landscaping including trees, plants and other vegetation indigenous
to the natural landscape; the right to install, repair or replace irrigation facilities and
equipment, paths and walkways, and items of a similar nature. Such reserved
exceptions shall be consistent with the stated purposes, terms, conditions, restrictions
and covenants contained herein, and consistent with General Plan, zoning and other
laws, rules and regulations of the City of Saratoga and the State of California, as such
laws, rules and regulations may be hereafter from time to time amended.
7. This Agreement shall be effective on the date of execution hereof
and shall remain in effect permanently.
8. Grantor shall not receive any payment from City in consideration for
the obligations imposed hereunder, it being recognized and agreed that the
consideration for the execution of this Agreement is the substantial public benefit to
be derived therefrom and the advantage which will accrue to Grantor and its
successors as a result of- any reduction of the assessed value of the property subject to
the open space easement due to the limitations on its use contained in this Agreement.
9. In the event the open space easement or some portion thereof is
sought to be condemned for public use, the easement and each and every term,
condition, restriction and covenant contained herein shall terminate as of the time of
the filing of the complaint in condemnation as to that portion of the property sought
to be taken for public use only, but shall remain in effect relative to all other portions
of said property. Grantor shall be entitled to such compensation for the taking as
Grantor would have been entitled to receive had the Subject Property not been
burdened by this easement; provided, however, that each and every stated term,
condition, restriction and covenant of this Agreement shall be observed by Grantor
during the pendency of such action and provided further that in the event such action
is abandoned prior to the recordation of a final order of condemnation or the property
subject to the open space easement or some portion thereof is not actually acquired
for a public use, said property shall, at the time of such abandonment, or at the time it
is determined that such property shall not be taken for public use, once again be
subject to this easement and to each and every stated purpose, term, condition,
restriction and covenant contained herein.
10. Either Grantor or City may undertake proceedings for abandonment
of the open space easement in accordance with the ,requirements and subject to the
conditions set forth in Sections 51093 and 51094 of the California Government Code.
11. Nothing contained in this Agreement shall be deemed to impose any
duty upon City to maintain any property subject to the open space easement and the
acceptance of such easement shall not constitute an assumption by City of any
liability whatsoever with respect to such property. Nothing herein contained shall be
construed to constitute a limitation on the legislative or quasi - judicial powers of City.
-3-
12. This easement and each and every term, condition, restriction and
covenant contained herein is intended for the 'benefit of the public and constitutes an
enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the
California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1,
Division 1, Title 5 of the Government Code and shall bind Grantor and its successors
and assigns and each and all of them and shall and is intended to run with, the land.
IN WITNESS WHEREOF, Grantor has executed this Grant of Open Space
Easement with covenants the day and year first above written.
GRANTOR:
HARBOR BUILDERS CO., INC.
a California corporation
COUNTY OF San4 ) SS.
Clam- )
On this r `/ day of -]A h c.�a. 19881
before me, the undersigned Notary Publrc, personally appeared
T eu�k�
personally known to me -
( proved to me on the basis of satisfactory evidence
to be the person who subscribed the within instrument as Se c, f-YP...I, or on
behalf. of the corporation therein named, and acknowledged to me that the corporation
executed it.
WITNESS my hand and official seal.
07FICIAL SEAL
G. r:'v,4,4[RTL
NOTARV PuJ!.IC - CALIFORNIA
-4-
Notary Public for CalifoMia
ACCEPTANCE OF OPEN SPACE EASEMENT
The CITY OF SARATOGA, pursuant to a Resolution adopted by its City
Council on , hereby accepts the foregoing Grant of
Open Space Easement, based upon a finding by the City Council that:
(a) Preservation of the land as open space is consistent with the General
Plan of the - City; and
(b) Preservation of the land as open space is in the best interest of the
City for the following reasons:
(1) The land is essentially unimproved and if retained in its natural
state, has scenic value to the public.
Dated:
(2) Retaining the land as open space will help preserve the rural
character of the area in which the land is located.
(3) Retaining, the land as open space will add to the amenities of
living in neighboring urbanized areas.
-5-
CITY OF SARATOGA
I:
Beginning at the most easterly corner of lot one as shown on the tract
map for Mount Eden Estates Subdivision as recorded in Book 567 of Maps at
pages 48, 49, and 50 Santa Clara. County, California Records; thence along
the southerly boundary of said lot S 89 049'19" W 340.00 feet; thence
Leaving said southerly line and running N 00 °40'37" W 205.70 feet to a
point in the northeasterly line of said lot one; thence -along said
northeasterly line S 58 652'42" W 400.00 feet to the point of beginning.
Containing 0.803 acres more or less and being a portion of said lot one.