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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-.. . t 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 _ji 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 U o m II ti N 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. r CO+tttl 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 EEI .5 I z 37 !9 - 14 59 19- S 49 - 9 X064° 5 18 Z y4 Q � l� .41" N+ I- F.E12►2iMAIV v0 _... E .1 �51i7• V-,- c SARATOGA ., .i >- 6 FR'4 L p 7_A Ppt c 41 Cr 397 -29-03 slT� i4o¢p (A) il 0) e ar y (12,13) (14,15) (1(.,117) GH,11) C o)�ai 1 20485 397- 2047 46-• 0 ti 204-4:5 317-28- 20431 34:7 -LB- 20 o 5 4 397.28- 397 -28- 597 3_3 2e 32 T Z 38 37 5b ss 74 - 0 WILLIAMS A VE. 34-, :'v 32-5 0 31 O 30) �° C�,2� 7) 0 0 I 311-28 ov ti 0 a $ 00 .v^ 7- Q lobe 317-2Vj.5 39 12 28 0 N K ti S ti, ? ` 3 8 ' N 39 N 2.6 21�� 14)0 8) C35 C)�J 37) (96� �9) . 41) 18 19 . ;� 9+a•ze 0 (42) 377- A VJ� ob IV� 397 28 3 P8 O ~ ZZ �` 14110 Cq v -2 {{ fig• 4j 02 4� - • - Q' 1412o (j4) 'H t � r� u T AvE 347-�R- t 3 o 37 7 -2A -z-q � �_F.�, �_, ��I'h,: Ilk G+�,�r+t�il'4�'4 ?l�l�4r14��:.IR�ti.,�f• ��i {i:��. �'. �e Y'(I,i��«� {':I {�j �3; °N;11� l.I �I..�11� Y�j�;��.��.'.w��� i. � ! ..� � 1.•rt{4 I j a I ` 3 •N • .-) the choroc/ - upy /ne powrloo5 indiccied or will be 8e/ in gueh Poe on or before January 19B9, and lhaf ouch manumenf, ores . be, suffic/cnf fo enable Me eurvey io be re traded. HERRIMAN °ARCEL KENNETH H.HANKIN9 •••. ACP-.11247 -EXP AVENUE MAP - BN 556 MAPS PG 6 _ PCL. C e b In, - 70' Lan R'.9 o f L oo,5 Gatos /-//7 0,-7 'iyh Scar oo! Dish /ct RL R R S,oikc GERA LD Z APPELLI COURT ;Nv -�- 1_ `, ice- m 2•� St) 'v�'•^- "'=? "w R. ��� ��i X60" N66 °d3'a5"W H 32.x' 21-3 6 !.' j p\v li __ — C' .q 179.77' -- �78�8., 'Q•`25D•d 66" .o 0 I IIJ \3 tea. Q \5 q fn l ; B'rse a to PARCEL j Q o Q 0.4�G' Ac p o 10 ; PARCEL B e a I 0.289'" AC o •.. o :ni ' -- 18 e3 w __ .166.39 - • PCL. q PARCEL MAP - BK 361 MAPsPG Larrds of- 4Qao's 70' 3/ Glcewen of Lords tiiasso o Jones �_F.�, �_, ��I'h,: Ilk G+�,�r+t�il'4�'4 ?l�l�4r14��:.IR�ti.,�f• ��i {i:��. �'. �e Y'(I,i��«� {':I {�j �3; °N;11� l.I �I..�11� Y�j�;��.��.'.w��� i. � ! ..� � 1.•rt{4 I j a I ` 3 •N 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, , - _ • -_ , - _ C t=1 A -5. D . B L A lei t Y' l 7::�x ^ • - - - - -. _ - . � = -= -• ' • - - = _ .. - - - - - -- - J h^ u tit ��,. � u w� /� ^ * O. J. F)-AH8E -t�Y. �wac+r G,No OTHER -i ROP RTY • N. D.FISH�ft, SURVEYOR. _:rtes alnnq turn >•c�iord distcnct >. •' iron :' 1 Inch ' aG�fCkt � ' / • 1I \V lfb �. �.� .� ' 41 r > o. C ?• E•• �� •S C.C.Iu / - � � •j k 9. GI o La OF {4v el !ESrhVF* F*Q Pt'9LIC ` C� v 16 � : L�3•k'. \` q.' !`' Qg. r- r� ��� - EXHIBIT "A." - ` �ic_nTGGR .aid_ L1�1 a_E�TCS_' RUitD - �7 J 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 -2- \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.