HomeMy WebLinkAboutCity Council Resolution 2411 REgOLUTION No. 2411
A RESOLUTION OF THE CITY COUNCIL OF THR CITY OF
SARATOGA STAYING THE PERIOD OF TIME FOR
EXPIRATION OF TENTATIVE MAP APPROVAL FOR SD-1368
WHEREAS, ALLEN CHADWICK and ANTHONY COCCIARDI
("Developers") applied to the City of Saratoga for tentative map approval to divide
that certain real property located at Old Oak and Chiquita Way into eleven lots, such
application being identified as SD-1368; and
WHEREAS, tentative map approval was granted by the City on or about
February 13, 1980; and
WHEREAS, on October 20, 1983, Developers commenced a lawsuit against
the City in the United States District Court for the Northern District of California,
Case No. C-83-20317, pertaining to the application of the initiative ordinance known
as Measure A to SD-1368; and
WHEREAS, a settlement of said lawsuit has been negotiated between the
City and Developers, as set forth in that certain Stipulation for Settlement attached
...... hereto as Exhibit "A" and incorporated herein by reference; and
WHEREAS, pursuant to Section 66452.6(e) of the California Government
Code, Developers have applied to the City for a stay on the period of time otherwise
provided for expiration of SD-1368,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SARATOGA AS FOLLOWS:
1. By reason of the pending litigation between the City and Developers
involving SD-1368 and pursuant to the authority granted under Section 66452.6(c) of
the Government Code, a stay is hereby approved for a period of twelve (12) months,
commencing as of the expiration date otherwise applicable to SD-1368, and
terminating on March 21., 1988.
2. The stay ~anted herein shall not alter or amend the terms of the
Settlement Agreement executed between the City and DeveIopers attached hereto as
Exhibit "A."
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 18~h day of I4~rch , 1987~ by the following vote:
AYES: Councils knderson, Clevenger, Pe~a~son, and Mayor Hlava
............. NOES: None
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ABSTAIN: None
ABSENT: Counci]_msmber lwoyles ~A~OR
ATTEST:
CITY CLERK /
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HAROLD S. TOPPEL~ Esq.
2Sarst~ City Attorney
660 West Dana Street
P.O. Box 279
Mount~n vie,, ca 9~04z
~ Tek~o~ (4m 96F6S4X F I/, ·
6 Attorneys for Defendants
S E P o I986
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UNITBD STATES DL~TRICT COUI~'T s~"'~;UoOsF~CAL!FORNltl
10 NORTHERN DISTHICT OF CALIFORNIA
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ALLEN CHADWICK, et ~d., ) NO. C-88-2031f
~ 15 Plaintiffs, )
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~" .~ ~ vs. ) STIPULATION FOR SETTLEMHNT
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u. =4 - CZTY OF SARATOGA, et al., )
"~ · ~ a 19 Defendants. )
~ z See Stipulation for Settlement attached hereto.
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STIPULATION FOR SETTLEMENT
This Stipulation for Settlement (nAgreement"), by and between ANTHONY
COCCIARDI' and MARY COCCIARDI ("Coeeiardi')~ ALLEN CHADWICK and
CAROLYN COCCIARDI (nChadwick/Coeeiardi"), HARBOR BUILDERS CO, INC., a
California corporation (~Harbor Builders~) (hereinafter collectively referred to as
"Owners"), and the CITY OF $ARATOGA~ a municipal corporation ("City") is made
with reference to the following facts:
A. Coeeiardi was the owner of approximately 43 acres of real property
(the "Coeeiardi Property") located within the Northwestern Hillside area of the City of
Saratoga ("Northwestern Hillside").
B. Coeeiardi filed an application with City for approval of a tentative
map for the Coeeiardi Property, identified as Application No. SD 1356, and on or about
February 13, 198{), City approved a tentative map for the Coeeiardi Property providing
for 23 lots and, as part of such approval, imposing certain conditions to be 'satisfied
prior to reeordation of a final map.
C. . Chadwiek/Coeeiardi is the owner of approximately 51 acres of real
property (the '~Chadwiek/Coeeiard[ Property") located within the Northwestern
Hillside.
D. Chadwiek/Coeeiardi filed an application with City for approval of a
tentative map for the Chadwiek/Coeeiardi Property, identified as Application No. SD
1368, and on or about February 13, 1980, City approved a tentative map for the
Chadwiek/Coeeiardi Property providing for 11 lots and, as part of such approval,
imposing certain conditions to be satisfied prior to reeordation. of a final map.
E. On April. 8~ 1980~ the citizens of Saratoga passed an initiative
ordinance, commonly known as Measure A, which became effective on April 25, 1983,
and which pertains to the I~orthwestern Hillside, including the respective properties of
Owners.
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F. Section 7 of. Measure A states in pertinent part:
"Pending final completion of the requirements of Section 3, no zoning
changes, land divisions, subdivisions, building or grading permits for
construction of a new residence, or other Land development approvals
of any kind shall be issued in the subject area, nor any applications
accepted therefor; provided, that upon a showing of extreme hardship
and in agreement with the provisions of this initiative, exceptions
may be granted after two noticed public hearings by a 4/Sths vote of
the City CounciL"
Section 3 of Measure A also states in pertinent part:
"The City of Saratoga shall within one year from the effective date
of this ordinance, or as soon thereafter as feasible, complete a
comprehensive review of all development issues in the subject area
and adopt a Specific Plan for the area pursuant to California
Government Code Sections 65450-65553, incorporating the standards
set forth in Section 4 below, and all policies and regulations required
to implement said Plan?
G. On June 7, 1981, pursuant tO and consistent with Measure A and
Sections 65450-65553 of the Government Code, City adopted the Northwestern
Hillside Specific Plan ("Specific Plan'), and on April 27, 1982, pursuant to and
consistent with the Specific Plan, City enacted Ordinance NS-3.47 establishing zoning
regulations for the Northwestern HiLlside ('NHE zoning P, egulations'~)~ being the area
covered by Measure A and the Specific Plato Measure A, the Specific Plan and
Ordinance NS-3.47 reduced the density of development below the number of lots shown
on the tentative, maps for SD 1356 and SD 1368.
H. City has contended and still contends that SD 1356 and SD ~368 are
subject to all provisions of Measure A~ the Specific Plan and Ordinance NS-3.47,
including the density provisions thereof, whereas Owners have contended and still
contend they are entitled to divide their property in accordance with the approved
tentative maps'for SD 1356 and SD 1368, upon compliance with all conditions for final
map approval and that they are further entitled to building permits authorizing the
construction of a single family residence upon each of the lots shown on said maps.
L On October 20, 1983, Coeeiardi commenced an action in the United
States District Court for the Northern District of California, entitled Coeeiardiiet
aL~ vs. City of Saratoga, et al., Case No. C-83-20316 WAI (the 'Cocciardi Lawsuit").
J. On October 20, 1983, Chadwick/Cocciardi commenced an action in
the United States District Court for the Northern District of California, entitled
Ch...adwiek~ et... al.~ vs. City of Saratoga, et aL, Case No. C-83-20317 WAI (the
"Chadwiek/Coeeiardi Lawsuit").
K. By stipulation between the parties, no responsive pleading has been
filed by City in either the Coeeiardi Lawsuit or the Chadwiek/Coeciardi Lawsuit. The
City has denied and continues to deny each and every allegation of the plaintiffs in
said lawsuits, as to all issues and in all respects.
L. The Coeeiardi Property has recently been purchased by Harbor
Builders, which is now the owner thereof and the successor in interest to Cocciardi
with respect to said property.
M. Without admitting the validity of any of the contentions which have,
or might have been made by any of them, the parties to this Agreement desire and
intend fully and finally to compromise and to settle all such contentions and other
matters in controversy among them.
N. Civil. Code $~ctiOn 1542 provides:
"A general release does not extend to claims .which the creditor does
not know or suspect to exist in his favor at 'the time of executing the
release, which if known by him must have materially affected his
. settlement with the debtor."
O. -This Agreement contains the entire agreement and understanding
concerning the subject matter between the parties to this Agreement and supersedes
and replaces all prior negotiations and proposed agreements, written and oral Each of
the parties hereto acknowledges that no other party, nor the agents nor attorneys of
any other party, has made any promise, representation, or warranty whatsoever,
express or implied, not contained herein to induce the execution of this Agreement,
and acknowledges that this Agreement has not been executed in reliance upon any
promise, representation, or warranty not contained herein.
P. In addition to the settlement of all matters in controversy with
respect to the Cocciardi Lawsuit and the Chadwick/Cocciardi Lawsuit set forth above,
the parties hereto desire to settle all other claims, demands and causes of action
which 'may exist between them whether known, unknown, or suspected, except as they
may arise from this Agreement.
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Q. All of the parties to this Agreement hereby acknowledge that they
have either been represented by independent counsel of their own choice throughout
all negotiations which preceded the execution of this Agreement or have voluntarily
elected not to retain counsel, and that they have either executed this Agreement with
the consent of, and upon the advice of, their own counsel, or had sufficient opportunity
to seek such advice.
NOW, THEREFORE, it is mutually agreed as follows:
1. Recitals A through Q are incorporated herein by reference.
2. In consideration of the additional public improvements to be
constructed by Owners, as described in Paragraph 5 below, and dismissal by Owners of
their respective lawsuits, with prejudice, as to all claims and all defendants, and
subject to compliance by Owners with the terms of this Agreement and the tentative
map conditions set forth in SD 1356 and SD 1368, City agrees to grant final map
approval for the subdivision of the Coeeiardi Property into 23 lots, in accordance with
the tentative map as originally approved by City for SD 1356, and to grant fina~ map
approval for the subdivision of the Chadwiek/Coeelardi Property into 11 lots, in
accordance with the tentative map as originally approved by City for SD 1368. City
further agrees to process applications and issue building and grading permits and other
approvals as may be necessary for the construction of a single family dwelling and
accessory uses.appurtenant thereto upon each of such lots, eonditioned upon prior
design review approval thereof and compliance by Owners with all applicable
provisions of City's zoning and other ordinances, except for the density and setback
provisions of the NHR Zoning Regulations and the Specific Plan. ..
3. From and after the effective date of this Agreement, neither City
nor Owners shall prosecute the Cocciardi Lawsuit or the Chadwick/Cocciardi Lawsuit,
nor shall Owners commence any new action concerning the subject matter of said
lawsuits and this Agreement. Owners may, within two (2) years from the date hereof,
reactivate either or both of said lawsuits in the event City fails to perform any
material provision of this Agreement and such lawsuits have not previously been
dismissed with prejudice, in accordance with Paragraph 4 hereof.
4. Concurrent with the execution of this Agreement, Cocciardi and
Chadwick/Cocciardi shall each execute an unconditional dismissal of their respective
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lawsuits, with prejudice, as to all claims and all defendants. The dismissals shall be
held in trust by counsel for City and shall not be filed except as follows:
(a) Upon the expiration of one (1) year after the granting by City
of final map approval for SD 1356, or up. on issuance by City of a
building permit for construction of a single family dwelling
upon any lot within the Coeciardi Property, whichever shall
first occur, counsel for City shall be authorized to file the
dismissal of the Coeeiardi Lawsuit.
(b) Upon the expiration of one (1) year 'after the granting by City
of final map approval for SD 1368, or upon the issuance by City
of a building permit for construction of a single family dwelling
upon any lot within the Chadwiek/Cocciardi Property,
whichever shall first occur, counsel for City shall be authqrized
to file the dismissal of the Chadwiek/Coceiardi Lawsuit.
5. In addition to any and all other requirements to be satisfied by
Owners for final map approval, as contained in SD 1356 and SD 1368, and subject to
the conditions as set forth in Paragraph 6 of this Agreement, Owners agree to
construct and install the improvements and repairs to Quarry Creek and Quarry Road
(the "Repair Project"), in accordance with plans and specifications to be prepared by
Terratech, Inc., Mason-Sulie and George Sicular, consisting generally of the
construction of a buttress to fill Quarry Creek to a height of approximately twenty
feet, the installation within such buttress of drainage facilities, the reconstruction of
Quarry Road, and such landslide repair and other work in connection therewith as
recommended by the geologists, geotechnie engineers, civil engineers and hydrologist
currently workihg on the Repair Project. All construction and repairs shall be
performed in accordance with plans and specifications approved by City and its
geologist. In the event Owners have satisfied all other conditions for final map
approval for SD 1356, and provided that all of the conditions set forth in Paragraph 6
of this Agreement have been satisfied, Owners agree to commence work on the Repair
Project no later than as soon as weather conditions permit in 1987, if such project
cannot be commenced and completed in 1986. As a condition for granting final map
approval for SD 1356 prior to completion of the Repair Project, Owners shall enter
into a Deferred Improvement Agreement with City providing for the completion of the
Repai~ Project within such period of time as agreed upon by City. 'Owners'
performance under such Deferred Improvement Agreement shall be secured by 'a cash
deposit, letter of credit or other security satisfactory to City, in an amount equal to
at least one and one-half times the estimated amount of Owners' remaining
contribution to the Repair Project as of the time such Agreement is executed. Upon
the execution of such Deferred Improvement Agreement and the deposit with City of
the security required thereunder, City shall grant the final map approval for SD 1356.
All construction work on the Repair Project shall be guaranteed by Owners against
defects in material or workmanship for eriod of one (1) year after the date of
approval for SD 1356 is
6. The mutual obligations of the parties to this Agreement are subject
to each of the following conditions:
(a) The approval by Owners and by City of the final plans and
specifications for the Repair Project, and Owners approval of
the estimated cost thereof.
(b) The contribution by persons other than Owners of amounts
aggregating at least $351,750.00 to be applied toward payment
of the costs of the Repair Project, including engineering fees
and geoteehnic studies. If a lesser amount is offered for
contribution, Owners may voluntarily elect to waive this
condition and proceed with the Repair Project.
(c) Owners and City each having been released from any and all
actual or potential liability claims asserted against them by
third party claimants pertaining to Quarry Creek and Quarry
Road. Such claims include the subrogated rights of insurance
carriers.
(d) City having obtained from the property owners who reside on
Old Oak Way, at no cost to City, all consents as may be
, required for performance of the Repair Project, as finally
designed.
(e) A determination having been made by Judge Willjams that
notwithstanding the elimination of an access road to Mr. Eden,
as shown on the original tentative map for SD 1356, and the
consequent realignment of lot lines, a final map with such
modifications would still be in substantial compliance with the
tentative map.
7. City acknowledges that Cocciardi intends to subdivide the parcel of
land from which the fill material wLll be taken for use in the Repair Project (the
"Borrow Site"). With respect to any application for tentative map approval covering
the l~orrow Site, City agrees as follows:
(a) The average slope of the Borrow Site will be calculated on the
basis of contour lines as established after all grading and earth
removal for the Repair Project has been completed. Except as
herein provided, the tentative map application will be processed
in accordance with the current NHR Zoning Regulations,
including the slope/density formula contained therein.
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(b) The City will take such actions as may be required and
permitted under State law for cancellation of the Williamson
Act Contract which is now applicable to the Borrow Site.
(e) The boundary lines of the proposed subdivision .may be
determined by Owners and such lines need not correspond with
property lines as they now exist, subject, however, to the
following conditions:
(1) All existing parcels or lots of record constituting any
portion of the subdivision shall be shown on the map and
those areas which are not included within the subdivision
shall be so designated.
(2) No portion of the subdivision shall include the Cocciardi
quarry.
8. City agrees that Coeeiardi shall not be obligated to reimburse City
for engineering fees advaneed under the Interim Agreement between City and
Coeeiardi and said Interim Agreement is hereby cancelled. City expressly reserves the
right to seek contribution from parties other than Coeeiardi for any portion or all of
the engineering fees and repair costs advanced by City or its insurance carriers
relating to the Repair Project and the Vaquero Court Study.
9. As a further consideration for City's approval of the final map for SD
1356 and SD 1368, Owners hereby agree that each of the lots therein shall be subject
to a Development Impact Fee to be payable at the time a building permit is issued for
the Construction of a single family dwelling upon each lot, as required under the
ordinance adopted by City providing for the payment of such fee.
10. .Owners hereby stipu!_ate that Measure A is a valid and enforceable
initiative approved by the citizens of the City of Saratoga and that the Specific Plan"
and the NHR Zoning Regulations are valid and enforceable. This stipulation shall be of
no force or effect in the event of City's breach of this Agreement.
11. Owners and City shall bear his, her or its own attorney's fees and
costs' incurred in connection with the prosecution or defense of the Cocciardi Lawsuit
and the Chadwiek/Cocciardi Lawsuit and the negotiation and preparation of this
Stipulation for Settlement.
12. Conditioned upon full performance of this Agreement by all parties:
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(a) Owners, on behalf of themselves and their respective agents,
representatives, attorneys, employees, insurance carriers,
successors and assigns, do hereby release City, the former and
present members of the City Council their officials, officers,
agents, representatives, employees, attorneys and their
insurance carriers, from any and all claims, demands and/or
causes of action which may exist between them, whether
known, unknown, or suspected, and Owners hereby waive the
provisions of Civil Code Section 1542 set forth in Recital N
above. The release o3 unknown claims contained in this
Paragraph 12(a) is a separate consideration for the release
contained in Paragraph 12(b) hereof and Owners would not have
executed this Agreement or agreed to this Paragraph 12(a) but
for the release contained in Paragraph 12(b).
(b) City, on behalf of itself and its officials, officers, agents,
representatives, employees, attorneys and insurance carriers,
does hereby release Owners from all claims, demands and/or
causes of action which may exist between them, whether known
or unknown or suspected and City hereby waives the provisions
of Civil Code Section 1542 set forth in Recital N above. The
release of unknown claims contained in this Paragraph 12(b) is a
separate consideration for the release contained in Paragraph
12(a) hereof and City would not have executed this Agreement
or agreed to this Paragraph 12(b) but for the release contained
in Paragraph 12(a).
13. This Agreement may be amended by an instrument in writing
referring hereto, signed by the parties. Such amendment must specifically state that
it is an amendment to this Agreement This Agreement may not be amended orally or
otherwise than as set forth in this Paragraph 13.
14. Owners shall have the right to assign all or any part of their rights or
obligations under this Agreement, subject to prior written approval of City, which
approval shall not be unreasonably withheld.
15. This Agreement is entered into for the benefit of the parties hereto
and shall be binding upon the parties hereto, their heirs, successors and assigns. Other
than the parties hereto and their heirs, successors and assigns, and the attorneys of
record in the Coeciardi Lawsuit and Chadwick/Cocciardi Lawsuit, no third person shall
be entitled, directly or indirectly, to base any claim or have any right arising from or
relied to this Agreement.
16. If it becomes necessary to enforce any of the terms of this
Agreement or to declare rights hereunder, the prevaiIing party shall be entitled to
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reasonable attorneyst fees and other costs of litigation in addition to any other relief
to which he~ she or it may be entitled.
17. The effective date of this Agreement shall be the date upon which it
is last signed by all parties. It may be signed in one or more counterparts and, when
all parties have sii~ned the orii~inal or eounterpart~ such counterparts together shall
constitute one original document, When so signed, this Agreement may be filed with
the' Court as a Stipulation for Settlement~ but the effectiveness of this Agreement.
does not depend upon Court approval or any Court order or orders.
ANTHONY COCCIARDI
"'!"' '~AJ~ lug{ .'
HAtlBOR BUILDEI~ CO, Ina,
VI~D AS TO I~OI{lVi
Attorne~ for Owners
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THE CITY OF SARATOGA,
a municipal corporation
~ . I : Ot :_ . ....
Attest:
...... 0Ci y Cl~rk
ED AS TO F M
City Attorney
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