HomeMy WebLinkAbout08-25-1986 City Council Agenda packetAGENDA BILL NO.
DATE: August 25, 1986
Council Action:
Adopted Ordinance 3E -23.
Fiscal Impacts: None.
CITY OF SARATOGA
Exhibits /Attachments: Proposed ordinance.
Recommended Action: Adoption of ordinance.
AGENDA ITEM <we
DEPT.: City Attorney CITY MGR. APPROVAL /1!
SUBJECT: Emergency ordinance to regulate street vendors at special events
Summary: This ordinance was requested by the Chamber of Commerce, which
has experienced difficulties with unregulated street vendors at its annual parade. The
ordinance will prohibit any sales on public rights -of -way during the conduct of a
special event unless the seller is authorized to engage in such activity by the special
event permit and the permittee, as shown by identification cards or other evidence of
such authorization. Since the parade is scheduled to occur within the next few weeks,
the regulations must be adopted as an emergency ordinance having immediate effect.
A permanent amendment to the City Code, containing the same provisions, will be
presented to the City Council for adoption at a later date.
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF SARATOGA
PROHIBITING SALES ON PUBLIC RIGHTS -OF -WAY DURING
THE CONDUCT OF SPECIAL EVENTS EXCEPT AS
AUTHORIZED BY THE SPECIAL EVENT PERMIT
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: The City Council finds and determines that:
(a) The conduct of sales on public rights -of -way constitutes a hazard to
vehicular and pedestrian traffic if not regulated through the issuance of a permit
controlling the time, place and manner of engaging in such activity.
(b) Community festivals and parades conducted pursuant to a special
event permit issued by the City have been disrupted by the activities of street vendors
operating without the consent of the City or the permittee. These unregulated
vendors present a threat to the safe and orderly conduct of the event and may
frustrate the conditions imposed by the City to achieve these objectives.
(c) The City has issued a permit for a major community event to be
conducted within the near future and unless the activities of street vendors are
regulated by and conducted in accordance with the terms of said permit, such
activities may interfere with and disrupt the event and constitute a hazard to the
public health, safety and welfare. An emergency ordinance is therefore required,
pending the adoption of further regulations.
SECTION 2: No person shall sell or offer for sale on public streets, sidewalks or
rights -of -way any goods, wares or merchandise from vehicles, wagons, pushcarts,
stalls, booths or other methods, during or in connection with a special event for which
a permit has been granted under Article 10 -10 of the City Code, unless such sales
activity is conducted pursuant to and in accordance with the terms and conditions of
the special event permit and with the authorization of the permittee. The holder of
the special event permit shall issue to each person authorized to engage in sales on
public streets, sidewalks and rights -of -way an identification card or other evidence of
such authorization, which shall be displayed by such person to any law enforcement
officer of the City or to any representative of the permittee requesting to inspect the
same.
SECTION 3: This Ordinance is an emergency measure expressly declared to be for
the protection of the public health, safety and general welfare, and shall take effect
immediately.
s s
Passed and adopted at a regular meeting of the City Council of the City of
Saratoga held on the 3rd day of September, 1986, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY CLERK
MAYOR
AGENDA BILL NO. AGENDA ITEM FD
DATE: August 25, 1986
DEPT.:
CITY OF SARATOGA
City Attorney CITY MGR. APPROVAL
SUBJECT: Garbage Collection Service Modification of Franchise Agreement
and City Code pertaining to mandatory service and utilization of
liens and special assessments to collect delinquent accounts
Summary: As described in the memorandum from the City Attorney submitted
herewith, the proposed ordinance and amendment to the franchise agreement with
Green Valley will eliminate mandatory garbage collection service and substitute in
place thereof the requirement for a refundable security deposit to be collected by
Green Valley upon the commencement of service for a new account or reinstatement
of service upon payment of a delinquent account. With respect to any charges for
services rendered or to be rendered from and after June 1, 1986, Green Valley may
terminate service if such charges are not paid within 30 days after the same become
due. The delinquent charges relating to services rendered prior to June 1, 1986, will
continue to be collected through the existing lien and special assessment procedures.
Fiscal Impacts: It is anticipated that the elimination of City involvement in the
collection of delinquent accounts owed to Green Valley will result in economic savings
in the form of reduced staff time and legal time currently being spent on these
matters. The administrative fees received by the City have not covered the cost of
the existing procedures.
Exhibits /Attachments: (a) Memorandum from City Attorney.
(b) Proposed ordinance.
(c) Proposed amendment to franchise agreement.
Recommended Action: (a) Introduction and adoption of ordinance.
(b) Approval of amendment to franchise agreement and
authorization of Mayor and City Clerk to execute the
same.
Council Action:
Introduced ordi.nance 9/3, and approved franchise agreement amendment.
Adopted Ordinance 71.6 9/17.
5
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD S. TOPPEL
GREGORY A. MANCHUK
STEVEN G. BAIRD
DATE: August 25, 1986
ATKINSON FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
(415) 967 -6941
MEMORANDUM
J. M. ATKINSON, (1892 -1982)
L. M. FARASYN, (1915 -1979)
TO: Saratoga City Council
FROM: Harold S. Toppel, City Attorney
RE: Garbage Collection Service Modification of Franchise Agreement and
City Code Pertaining to Mandatory Service and Collection of Delinquent
Accounts
At its regular meeting on July 16, 1986, the Council unanimously approved
a proposal by Green Valley Disposal Company to dispense with the mandatory service
requirement and the entire process of liens and special assessments for collection of
delinquent charges. Instead, Green Valley would simply collect a security deposit upon
the commencement of service for a new account or reinstatement of service for a
delinquent account. The security deposit would be in an amount equal to the charges
for one quarterly billing cycle, based upon the type and level of service requested by
the customer. The deposit would be refunded to the customer, without interest, after
the expiration of one year if no delinquency has occurred within such period of time,
or upon any earlier cancellation of service by the customer. Based upon our
experience with the mandatory service and the existing collection procedures, the
proposal is strongly endorsed by the City staff (particularly the Director of
Community Services and the City Attorney).
Submitted herewith is a proposed ordinance amending Article 7 -05 of the
City Code and a proposed Amendment to the Franchise Agreement between the City
and Green Valley. Under the terms of the ordinance, mandatory service will no longer
be imposed as of September 1, 1986. Correspondingly, Green Valley will be entitled to
terminate garbage collection service for nonpayment of the charges within 30 days
after the same become due. The City and Green Valley have agreed to implement the
changes in the collection procedures as of June 1, 1986. Upon execution of the
Amendment to the Franchise Agreement, Green Valley would be entitled to terminate
service for delinquencies during the billing cycle of June 1986 through August 1986 by
giving notice of termination to the customer. Thereafter, the service would not be
reinstated until the customer has paid all amounts owed to Green Valley, including late
charges and a reinstatement fee of $5, plus the security deposit.
The City is continuing to process numerous liens for delinquent charges
relating to services rendered by Green Valley prior to June 1, 1986. Consequently, all
of the existing provisions in Article 7 -05 pertaining to liens and special assessments
must remain in the City Code until these accounts have been collected or otherwise
closed. It should be noted that Green Valley is not entitled to terminate service on
delinquent accounts being collected through the lien and special assessment
procedures. On the other hand, if service is terminated for nonpayment of charges
accruing after June 1, 1986, and the same customer has also failed to pay any charges
for an earlier billing cycle, Green Valley is not obligated to reinstate service until all
of the delinquent charges have been paid, including the charges for services rendered
prior to June 1, 1986.
ORDINANCE NO. 71.7
11A N
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ARTICLE 7-05 IN CHAPTER 7 OF THE CITY CODE,
RELATING TO GARBAGE DISPOSAL, TO REPEAL THE
MANDATORY REQUIREMENT FOR GARBAGE COLLECTION
SERVICE AND TO IMPOSE THE REQUIREMENT FOR A
SECURITY DEPOSIT UPON THE COMMENCEMENT OR
REINSTATEMENT OF SERVICE
The City Council of the City of Saratoga hereby ordains as follows:
SECTION 1: Section 7- 05.030 in Article 7 -05 is amended to read as follows:
"S7 -05.030 Mandatory garbage collection services;
owner responsibility
The owner of each occupied residential or
commercial premises shall subscribe to and pay for at least
the minimum level of garbage collection service made
available to that premises by the Garbage Collector, as
specified in the franchise agreement between the City and
the Garbage Collector executed pursuant to Section 7- 05.110.
The charges for garbage collection service rendered or made
available shall be paid for all periods of time during which
the premises are occupied, regardless of whether or not the
owner or tenant has any garbage to be collected on any
particular collection date during such occupancy. Nothing in
this Section is intended to prevent an arrangement, or the
continuance of an arrangement, under which payments for
garbage collection service are made by .a tenant or tenants,
or any agent or other person, on behalf of the owner.
However, any such arrangement will not affect the owner's
obligation to pay for garbage collection service as provided
herein.
(b) The mandatory requirement for garbage
collection service set forth in Paragraph (a) of this Section,
shall apply only with respect to garbage collection services
rendered or made available by the Garbage Collector prior to
September 1, 1986. From and after said date, subscription to
garbage collection services rendered or made available by the
Garbage Collector shall be at the option of the owner or
occupant of the premises, except that such owner or
occupant shall still remain subject to the provisions of this
Article concerning the accumulation and disposal of
garbage."
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SECTION 2:
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Section 7- 05.040 in Article 7 -05 is hereby repealed. /'a�` aq e ecTO
SECTION 3: Section 7- 05.060 in Article 7 -05 is amended to read as follows:
"S7- 05.060 Method of garbage disposal
All garbage shall be disposed of by delivery to the
Garbage Collector, or in the case of recyclable materials, by
delivery to any recycle center operated by or under the
auspices of the City, or disposed of in such other manner
acceptable to the City. Each container of garbage to be
delivered to the Garbage Collector shall be located in such
place as to be readily accessible for the removal and
emptying of the contents of same by the Garbage Collector."
SECTION 4: Section 7- 05.070 in Article 7 -05 is amended to read as follows:
"S7- 05.070 Garbage containers
All garbage containers shall be kept in a sanitary
condition, continuously closed with a tight fitting cover.
a Garbage containers for residential premises being
serviced by the Garbage Collector shall not exceed thirty
two gallons capacity and shall not have a filled weight in
excess of seventy pounds. Garbage containers for
commercial premises being serviced by the Garbage
Collector shall be provided by or approved by the Garbage
Collector."
SECTION 5: Section 7- 05.130 in Article 7 -05 is amended to read as follows:
"S7 -05.130 Failure to pay for garbage collection service
The Garbage Collector shall be entitled to payment
from either the owner or the recipient of garbage collection
service for any services rendered or to be rendered or made
available. Upon failure to make such payment for services
rendered or made available prior to June 1, 1986, the means
of collecting delinquent charges shall be in accordance with
the procedure set forth in Sections 7- 05.140 through 7- 05.270
of this Article. Upon failure to make such payment for
services rendered from and after June 1, 1986, the Garbage
Collector may terminate service in accordance with Section
7- 05.272 of this Article. If a bill for garbage collection
service remains delinquent for thirty days, the Garbage
Collector shall be entitled to collect a late charge in such
amount as approved by the City Council."
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SECTION 6: Section 7- 05.140 in Article 7 -05 is amended to read as follows:
"S7- 05.140 Notification of delinquency
If a bill for garbage collection service rendered or made
available prior to June 1, 1986 remains delinquent for thirty
days,^the Garbage Collector may, at any time after such
thirty day period, send or deliver notice of delinquency to the
owner indicating the amount owed for garbage collection
service, the amount of late charge thereon, and advising the
owner that failure to pay the same will result in the
placement of a lien upon the premises. The form of
delinquency notice shall be approved by the Director."
SECTION 7: Section 7- 05.150 in Article 7 -05 is amended to read as follows:
"S7 05.150 Assignment of delinquent account
In the event the bill for garbage collection service
rendered or made available prior to June 1, 1986, together
with any late charge thereon, is not paid within thirty days
after the date of mailing the notice of delinquency to the
owner as described in Section 7- 05.140, the Garbage
Collector may assign such bill to the City for collection
through the initiation of lien and special assessment
proceedings in accordance with this Article. The assignment
shall incude the name and address of the owner, the period of
garbage collection service covered by the bill, the amount
owed for such service, the amount of any late charge and
such other information as reasonably requested by the
Director, together with a copy of the notice of delinquency
mailed or delivered to the owner."
SECTION 8: Section 7- 05.160 in Article 7 -05 is amended to read as follows:
"S7 05.160 Lien initiation
Upon the City's receipt of the assignment from the
Garbage Collector pursuant to Section 7- 05.150, the Director
shall prepare a report of delinquency and initiate proceedings
to create a lien on the premises to which the garbage
collection service was rendered or made available. The
Director shall fix a time, date and place for an
administrative hearing by the Director to consider any
objections or protests to his report. Such administrative
hearings may be conducted four times per year."
SECTION 9: A new Section 7- 05.271, entitled "Security deposit," is hereby
added to Article 7 -05, to read as follows:
-3-
"S7- 05.271 Security deposit
(a) From and after September 1, 1986, the Garbage
Collector shall not be obligated to commence garbage
collection service for a new customer or account, or
reinstate garbage collection service upon payment of a
delinquent account, until the Garbage Collector has received
from the customer a security deposit in an amount equal to
the charges that will accrue during a single quarterly billing
cycle for the type and level of service requested by the
customer, based upon the rates and charges established by
the Garbage Collector and approved by the City as of the
time the security deposit is collected.
(b) Upon any nonpayment of garbage collection
charges by a customer from whom a security deposit has been
collected, the Garbage Collector may apply such deposit
toward payment of the delinquent charges. The Garbage
Collector shall thereupon give written notice of such action
to the customer which shall include a demand for the security
deposit, or such portion thereof as may have been utilized for
payment of the delinquent charges, to be restored to its
original amount within fifteen days from delivery of the
notice. If the customer fails to restore the security deposit
within the time prescribed in the notice, the Garbage
Collector may terminate the garbage collection service for
such customer pursuant to Section 7- 05.272 of this Article.
(c) The security deposit collected pursuant to this
Section shall be refunded, without interest, to the customer
or the person legally entitled thereto under either of the
following circumstances:
(1) Cancellation of garbage collection service
by the customer, with all charges owed to
the Garbage Collector for services rendered
to the date of cancellation having been paid
in full; or
(2) The expiration of one year from the date
the security deposit was collected if, during
such year, no delinquency has occurred in
payment of the charges owed to the
Garbage Collector."
SECTION 10: A new Section 7- 05.272, entitled "Termination and reinstatement
of garbage collection service," is hereby added to Article 7 -05, to read as follows:
"7 -05.272 Termination and reinstatement of garbage
collection service
(a) The Garbage Collector may terminate garbage
collection service in the event any charges owed to the
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SECTION 11: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Saratoga hereby declares that it
would have passed this Ordinance and each section, subsection, sentence, clause and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be held invalid or unconstitutional.
SECTION 12: This Ordinance shall be in full force and effect thirty days from
and after the date of its passage and adoption.
The above and foregoing Ordinance was regularly introduced and after
the waiting time required by law, was thereafter passed and adopted this day
of 1986, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Garbage Collector for services rendered or to be rendered
from and after June 1, 1986 are not paid within thirty days
after the same become due. At least fifteen days prior
written notice of termination shall be given by the Garbage
Collector to the customer shown on its books and records.
(b) The customer whose garbage collection service
has been terminated pursuant to Paragraph (a) of this Section
may reinstate such service by payment to the Garbage
Collector of all delinquent charges and late charges thereon
owed by such customer, plus a reinstatement fee in an
amount specified in the franchise agreement between the
Garbage Collector and the City. Such payment shall be
accompanied by a security deposit to be held by the Garbage
Collector, as provided in Section 7- 05.271 of this Article.
(c) The Garbage Collector shall not terminate or
refuse to provide garbage collection service rendered or to be
rendered for any premises unless the customer utilizing or
requesting the service is the same customer who has failed to
pay the delinquent charges constituting the basis for the
termination or refusal to provide service."
CITY CLERK
-5-
MAYOR
AMENDMENT TO FRANCHISE AGREEMENT
AGREEMENT, Made this 3rd day of September, 1986, by and between the
CITY OF SARATOGA, a municipal corporation "City and GREEN VALLEY
DISPOSAL COMPANY, INC., a California corporation "Green Valley
WITNESSETH:
City and Green Valley entered into a written Franchise Agreement dated
March 8, 1983 (the "Franchise Agreement
The Franchise Agreement was amended by a written amendment thereto
dated May 2, 1984, which provided, among other things, for the establishment of
mandatory garbage collection service and the collection of delinquent accounts
through imposition of liens and special assessments against the properties for which
service was rendered or made available.
The mandatory service and collection of delinquent accounts through liens
and special assessments have not generated the additional revenue as expected, but
instead have resulted in increased costs and staff time on the part of both City and
Green Valley.
The parties have mutually agreed to eliminate mandatory service and the
existing method of collecting delinquent accounts and to substitute therefor a
requirement for payment of a security deposit prior to the commencement or
reinstatement of garbage collection service, as hereinafter set forth.
NOW, THEREFORE, City and Green Valley agree as follows:
1. Green Valley may terminate garbage collection service in the event
any charges owed to Green Valley for services rendered or to be rendered from and
after June 1, 1986, are not paid within thirty (30) days after the same become due. At
least fifteen (15) days prior written notice of termination shall be delivered by Green
Valley to the customer shown on its books and records. Green Valley shall not be
obligated to reinstate garbage collection service for such customer until it has
received payment in full of all delinquent charges and late charges owed by such
customer, including any charges accruing prior to June 1, 1986, together with a
reinstatement fee in the sum of Five Dollars ($5.00) and a security deposit in an
amount determined according to the provisions of Paragraph 3 of this Agreement.
2. With respect to any new account established from and after
September 1, 1986, Green Valley shall not be obligated to provide garbage collection
service until it has received from the customer a security deposit in an amount
determined according to the provisions of Paragraph 3 of this Agreement.
3. The amount of security deposit to be collected by Green Valley upon
the reinstatement of service for a previously delinquent account or the
commencement of service for a new account shall be equal to the charges that will
accrue during a single quarterly billing cycle for the type and level of service
requested by the customer, based upon the rates and charges established by Green
Valley and approved by City as of the time the security deposit is collected.
4. Upon any nonpayment of garbage collection charges by a customer
from whom a security deposit has been collected, Green Valley may apply such deposit
toward payment of the delinquent charges. Green Valley shall thereupon give written
notice of such action to the customer which shall include a demand for the security
deposit, or such portion thereof as may have been utilized for payment of the
delinquent charges, to be restored to its original amount within fifteen (15) days from
delivery of the notice. If the customer fails to restore the security deposit within the
time provided in the notice, Green Valley may thereafter terminate the garbage
collection service for such customer.
5. The security deposit collected by Green Valley shall be refunded,
without interest, to the customer or the person legally entitled thereto under either of
the following circumstances:
(a) Cancellation of garbage collection service by the customer,
with all charges owed to Green Valley for services rendered to
the date of cancellation having been paid in full; or
(b) The expiration of one (1) year from the date the security
deposit was collected if, during such year, no delinquency has
occurred in payment of the charges owed to Green Valley.
6. City shall amend Article 7 -05 in Chapter 7 of the City Code to
correspond with the provisions of this Agreement.
7. Nothing herein shall affect or impair the liens and special
assessments imposed, or to be imposed, for delinquent garbage collection charges
pertaining to services rendered by Green Valley prior to June 1, 1986, and such liens
and special assessments shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
CITY OF SARATOGA, a
municipal corporation
By
Attest:
Mayor
City Clerk
GREEN VALLEY DISPOSAL
COMPANY, INC., a
California corporation
By
Its
3S9
AGENDA BILL NO. l c2./
DATE: August 25, 1986
DEPT.: City Attorney CITY MGR. APPROVAL
Recommended Action:
Council Action:
Approved.
CITY OF SARATOGA
AGENDA ITEM
SUBJECT: Approval of Settlement Agreements Pertaining to Cocciardi
Litigation and Quarry Creek /Quarry Road Repair Project
Summary: The settlement agreements will resolve all pending litigation relating
to final map approval for SD- 1356%(Cocciardi /Mt. Eden Estates Subdivision) and SD-
1368 (Cocciardi /Chadwick Subdivission), and all claims asserted or threatened against
the City relating to Quarry Road and Quarry Creek, as described in the memorandum
from the City Attorney submitted herewith.
Fiscal Impacts: As part of the settlement agreements, the City will waive its
right to reimbursement by Cocciardi for $23,000 of engineering fees previously
advanced and will also waive all permit and inspection fees relating to the Quarry
Creek /Quarry Road Repair Project. However, such waivers will be more than offset
by the subdivision fees to be collected upon the granting of final map approval for SD-
1356 and SD -1368 and the benefits to the City derived from the release of claims and
dismisssal of pending lawsuits by the parties to the settlement agreements.
Exhibits /Attachments: (a) Memorandum from City Attorney.
(b) Stipulation for settlement of pending litigation relating to
SD -1356 and SD -1368.
(c) Settlement agreement and mutual general release relating
to Quarry Road /Quarry Creek Repair Project.
PAUL B. SMITH
ERIC L. FARASYN
LEONARD J. SIEGAL
HAROLD 5. TOPPEL
GREGORY A. MANCHUK
STEVEN G. BAIRD
ATKINSON FARASYN
ATTORNEYS AT LAW
660 WEST DANA STREET
P.O. BOX 279
MOUNTAIN VIEW, CALIFORNIA 94042
(415) 967 -6941
MEMORANDUM
TO: Saratoga City Council
FROM: Harold S. Toppel, City Attorney
RE: Approval of Settlement Agreements Cocciardi Litigation and Quarry
Creek /Quarry Road Repair Project
DATE: August 25, 1986
Two related settlement agreements are being presented to the Council for
approval which have been the subject of extended discussion over the last couple of
years. The first agreement is a Stipulation for Settlement of the pending litigation
commenced by Cocciardi and Chadwick, which represent the last remaining Measure A
lawsuits. The basic form• of the stipulation is the same as the prior settlement
agreements executed with the other Measure A litigants such as Parnas, McBain
Gibbs, DeMartini, Teerlink, etc. In exchange for the granting by City of final map
approval on SD -1356 (Mt. Eden Estates Subdivision) and SD -1368 (Cocciardi /Chadwick
Subdivision) for the number of lots as shown on the original tentative maps, the
developers have agreed to make a substantial contribution toward the Quarry
Road /Quarry Creek Repair Project in the amount of $527,800. In addition, the
developers shall be responsible for the actual performance of the repair work and
payment of any cost overruns. The settlement agreement does not reduce or modify
the dedications or exactions originally imposed on these developers, as set forth in the
tentative map approvals.
The second agreement is intended to implement the settlement negotiated
by the City with all of the parties involved in the Quarry Creek /Quarry Road Repair
Project. The council has received copies of my earlier correspondence to these parties
and I assume you have followed the progress of the negotiations as they transpired.
Under the terms of the settlement, each of the 15 property owners on Vaquero Court,
Quarry Road and Old Oak Way will contribute the sum of $21,250 toward the cost of
the repair project. The City has previously advanced approximately $23,000 for
engineering services performed during the early stages of the discussions, and although
Cocciardi was originally obligated to reimburse the City for this expense at the time
of receiving final map approval, the Council agreed to waive such reimbursement when
additional funds were required from Cocciardi to cover a substantial increase in the
total project cost. In addition to this $23,000 contribution from the City itself,
$50,000 will collectively be contributed toward the project by the City's insurance
J. M. ATKINSON, (1892 -1982)
L. M. FARASYN, (1915 -1979)
carriers, for a total contribution on behalf of the City in the sum of $73,000. The
remaining project cost, in the amount of approximately $527,800 will be paid by the
Cocciardi group.
As described in my correspondence to the parties and the settlement
agreement, a trust account has been established by the City at Pacific Valley Bank for
deposit of the contributions from the Vaquero Court, Quarry Road and Old Oak Way
property owners and from the City's insurance carriers. As of the date of this
memorandum, approximately $140,000 has been deposited into this account. I will
provide the Council with an updated report at your meeting.
The settlement agreement is being circulated to all of the affected parties
for review and approval by their respective attorneys or insurance carriers. In view of
the natural tendency of lawyers to request some change to a written document (as
tangible evidence of services furnished to justify statements rendered), it is quite
possible a revised draft of the agreement will be generated following the review
process. I am therefore requesting the Council to approve the form and substance of
the agreement, with the understanding that minor changes in language which do not
affect the obligations of the parties can be made without further action by the
Council. In other words, the final execution draft of the agreement must be
substantially the same as the proposed draft or else the agreement must be
resubmitted to the Council for approval.
Although the construction season is rapidly diminishing, every effort is still
being made to accomplish the repair project this year.
After years of discussion, some of which being quite acrimonious, all of the
pieces are finally beginning to fall into place. However, we still have several loose
ends to be handled and I will be submitting further reports to the Council as these
matters are addressed.
Saratoga City Attorney
STIPULATION FOR SETTLEMENT
This Stipulation for Settlement "Agreement by and between ANTHONY
COCCIARDI and MARY COCCIARDI "Cocciardi ALLEN CHADWICK and
CAROLYN COCCIARDI "Chadwick /Cocciardi HARBOR BUILDERS CO., INC., a
California corporation "Harbor Builders (hereinafter collectively referred to as
"Owners and the CITY OF SARATOGA, a municipal corporation "City is made
with reference to the following facts:
A. Cocciardi was the owner of approximately 43 acres of real property
(the "Cocciardi Property':) located within the Northwestern Hillside area of the City of
Saratoga "Northwestern Hillside
B. Cocciardi filed an application with City for approval of a tentative
map for the Cocciardi Property, identified as Application No. SD 1356, and on or about
February 13, 1980, City approved a tentative map for the Cocciardi Property providing
for 23 lots and, as part of such approval, imposing certain conditions to be satisfied
prior to recordation of a final map.
C. Chadwick /Cocciardi is the owner of approximately 51 acres of real
property (the "Chadwick /Cocciardi Property located within the Northwestern
Hillside.
D. Chadwick /Cocciardi filed an application with City for approval of a
tentative map for the Chadwick /Cocciardi Property, identified as Application No. SD
1368, and on or about February 13, 1980, City approved a tentative map for the
Chadwick /Cocciardi Property providing for 11 lots and, as part of such approval,
imposing certain conditions to be satisfied prior to recordation 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, 1980,
and which pertains to the Northwestern Hillside, including the respective properties of
Owners.
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 "NHR Zoning Regulations being the area
covered by Measure A and the Specific Plan. Measure A, the Specific Plan and
Ordinance NS -3.47 reduced the density of development below the number of lots shown
on the tentative maps for SD 1356 and SD 1368.
H. City has contended and still contends that SD 1356 and SD 1368 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.
I. On October 20, 1983, Cocciardi commenced an action in the United
States District Court for the Northern District of California, entitled Cocciardi, et
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
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 /5ths 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."
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the United States District Court for the Northern District of California, entitled
Chadwick, et al., vs. City of Saratoga, et al., Case No. C -83 -20317 WAI (the
"Chadwick /Cocciardi Lawsuit
K. By stipulation between the parties, no responsive pleading has been
filed by City in either the Cocciardi Lawsuit or the Chadwick /Cocciardi 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 Cocciardi 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 Section 1542 provides:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
0. 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.
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 Cocciardi Property into 23 lots, in accordance with
the tentative map as originally approved by City for SD 1356, and to grant final map
approval for the subdivision of the Chadwick /Cocciardi 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, conditioned 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
NOW, THEREFORE, it is mutually agreed as follows:
1. Recitals A through Q are incorporated herein by reference.
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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 upon issuance by City of a
building permit for construction of a single family dwelling
upon any lot within the Cocciardi Property, whichever shall
first occur, counsel for City shall be authorized to file the
dismissal of the Cocciardi 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 Chadwick /Cocciardi Property,
whichever shall first occur, counsel for City shall be authorized
to file the dismissal of the Chadwick Cocciardi 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 -Sulic 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, geotechnic engineers, civil engineers and hydrologist
currently working 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
Repair 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
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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 a period of one (1) year after the date of
completion. Final map approval for SD 1356 will be processed by City after final map
approval for SD 1356 is granted.
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 geotechnic 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 Williams that
notwithstanding the elimination of an access road to Mt. 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 will be taken for use in the Repair Project (the
"Borrow Site With respect to any application for tentative map approval covering
the Borrow 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.
(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.
(c) 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 Cocciardi shall not be obligated to reimburse City
for engineering fees advanced under the Interim Agreement between City and
Cocciardi and said Interim Agreement is hereby cancelled. City expressly reserves the
right to seek contribution from parties other than Cocciardi 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 stipulate that Measure A is a valid and enforceable
initiative approved by the citizens of the City of Saratoga and that the Specific Plan
and the NHR Zoning Regulations are valid and enforceable. This stipulation shall be of
no force or effect in the event of City's breach of this Agreement.
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 Chadwick /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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1
(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 of 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 Cocciardi 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
related to this Agreement.
16. If it becomes necessary to enforce any of the terms of this
Agreement or to declare rights hereunder, the prevailing party shall be entitled to
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reasonable attorneys'. 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 signed the original or counterpart, 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.
OWNERS:
Dated:
Dated:
Dated:
Dated:
APPROVED AS TO FORM
AND SUBSTANCE
GEORGE P. TOBIN
Attorney for Owners
ANTHONY COCCIARDI
MARY COCCIARDI
ALLEN CHAD WIUK
CAROLYN COCCIARDI
HARBOR BUILDERS CO., Inc.,
a California corporation
By
THOMAS BURKE
THE CITY OF SARATOGA,
a municipal corporation
Dated: By
MAYOR
APPROVED AS TO FORM
AND SUBSTANCE
HAROLD S. TOPPEL
City Attorney
Attest:
City Clerk
SETTLEMENT AGREEMENT AND
MUTUAL GENERAL RELEASE
THIS AGREEMENT is made and entered into as of August 1, 1986, by and
between the following parties:
(a) Edward J. and Dianne W. Bolger, James B. and Catherine T.
Cochrane, Herbert and Ruth L. Kaufman, John A. and Marsha B. Usher, Douglas F.
Vaughn, Larry and Sandy Orlando, Patrick L. and Linda M. Hoffpauir, Walter and Linda
Packard and Michael Conn (hereinafter referred to as the "Vaquero Court Parties
(b) Lester and Mary Feinstein (hereinafter referred to as the "Quarry
Road Parties
(c) Robert L. and Wenche Johnsen, David W. and Virginia B. Moss,
William H. and Kathleen M. Peretti, Richard Allert, Michael and Terri Leavell, and
Stephen J. Wilk (hereinafter referred to as the "Old Oak Way Parties
(d) Anthony and Mary Cocciardi, Allen Chadwick, Carolyn Cocciardi and
Harbor Builders Co., Inc., a California corporation (hereinafter referred to as
"Developers
(e) The City of Saratoga, a municipal corporation (hereinafter referred
to as "City
I
FACTUAL RECITALS
This Agreement is entered into with reference to the following facts:
1.1 Quarry Road is a private road located adjacent to Quarry Creek and
provides the sole means of access to Vaquero Court, a public street. Quarry Road and
Quarry Creek both traverse the properties owned by the Old Oak Way Parties and the
Quarry Road Parties.
1.2 A storm drain easement within Quarry Creek was dedicated to City
as part of the subdivision map for Tract 3943, as recorded on September 14, 1966, in
Book 214 of maps, Pages 25 -29, Official Records of Santa Clara County, California
(the "Existing. Drainage Easement
1.3 As a result of soil erosion caused by Quarry Creek, numerous
landslides have occurred on both sides of the creek. The landslide activity has
extensively damaged Quarry Road and also caused damage to the properties owned by
certain of the individual parties to this Agreement. Unless such landslide activity is
abated, further property damage will be suffered.
1.4 A geologic and geotechnic investigation and analysis of the Vaquero
Court and Quarry Creek area was jointly conducted by William Cotton and Associates
and Terratech, Inc., who issued a report thereon dated January, 1986 (the "Geotechnic
Report A copy of such report has been made available to any party desiring to
receive the same.
1.5 Based upon the Geotechnic Report, plans and specifications together
with cost estimates were prepared by the civil engineering firm of Mason -Sulic for a
repair project "the Project consisting generally of the following:
(a) The filling of the Quarry Creek channel with a buttress
extending to a height of twenty feet;
(b) Installation of a subsurface drain pipe to carry the waters of
Quarry Creek, having a width ranging from thirty inches at its
upstream beginning point on Developers' property to sixty
inches at its down stream ending point where the water will
flow into Calabassas Creek.
(c) Construction of a concrete surface channel on the top of the
buttress, together with drop inlets and other drainage facilities
to carry the surface waters from the Vaquero Court and Old
Oak Way properties into the subsurface drainage pipe.
(d) Reconstruction of Quarry Road.
1.6 The construction cost of the Project will be approximately $796,600,
as shown on the estimates prepared by Mason Sulic dated February 22, 1985 and
March 3, 1986, a copy of which has previously been furnished to each of the parties to
this Agreement. In addition, fees and costs in the aggregate amount of $123,000 have
been incurred for the Geotechnic Report and other engineering services rendered in
connection with the Project. Thus, the total estimated Project cost will be the sum of
$919,600.
1.7 Developers are the owners of unimproved land located adjacent to
the subdivisions on Vaquero Court and Old Oak Way. Developers have agreed to
participate in the Project in exchange for the granting by City of approval to subdivide
and develop their property, as provided in a separate written agreement between
Developers and City.
II
OBLIGATIONS OF THE PARTIES
2.1 The Vaquero Court Parties, the Quarry Road Parties and the Old Oak
Way Parties (husband and wife constituting a single party) shall each contribute the
sum of $21,250 toward the cost of the Project. Such contribution, if not previously
advanced, shall be made upon the execution of this Agreement by delivering to City's
Finance Director a check or draft for said amount, payable to "Quarry Creek Repair
Project Trust Account," unless other arrangements for payment of the contribution
have been made directly between City, Developers and the property owner. The
Finance Director shall promptly deposit each contribution to Account No. 03- 01955 -7,
entitled "Quarry Creek Repair Project Trust Account," established by City at Pacific
Valley Bank (the "Trust Account No funds shall be disbursed from the Trust Account
except as expressly provided in this Agreement. James and Catherine Cochrane and
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Michael Conn shall each receive a $1,000 credit against their respective contributions
for engineering fees previously advanced.
2.2. The total contribution by or on behalf of City toward the cost of the
Project shall be the sum of $73,000, of which $38,000 has been expended for
engineering fees and the cost of the Geotechnic Report. The balance of $35,000 shall
be deposited by or on behalf of City into the Trust Account upon the execution of this
Agreement if not previously deposited into said Account. City further agrees to waive
all fees otherwise payable upon the issuance of building and grading permits for the
Project. Upon completion of the Project and acceptance thereof by City, City shall
vacate and abandon the Existing Drainage Easement in exchange for a new easement
to be dedicated by the Old Oak Way Parties and the Quarry Road Parties having a
width of ten feet and a centerline in the middle of the drainage channel to be
constructed upon the top of the buttress. The surface and subsurface drainage
facilities to be constructed upon and within the buttress shall thereafter be owned and
maintained by City.
2.3 Developers shall contribute the sum of $527,800 toward the cost of
the Project, plus any amount by which the actual cost exceeds the estimated cost.
Developers shall be entitled to a credit against such contribution for professional fees
previously paid in the aggregate amount of $78,000, representing $48,000 paid toward
the cost of the Geotechnic Report, $25,000 paid to Mason -Sulic for civil engineering
services and $5,000 paid to George Sicular for hydrology studies and design work.
Developers shall also be responsible for the furnishing of all materials and
performance of all work relating to the Project, in accordance with the plans and
specifications prepared by Mason Sulic and approved by City.
m
DISBURSEMENTS FROM TRUST ACCOUNT
3.1 No disbursements whatsoever shall be made from the Trust Account
until this Agreement has been approved and executed by all of the Vaquero Court
Parties, Quarry Road Parties and Old Oak Way Parties and by Developers and City.
3.2 Upon compliance with the requirement set forth in Paragraph 3.1
above, disbursements from the Trust Account shall be made from time to time as work
on the Project progresses, based upon the percentage of completion as certified by
Terratech, Inc. and confirmed by the City Engineer or his authorized representative.
With respect to each disbursement, Developers or their general contractor shall
furnish to the City Attorney a Requisition for Payment showing the total Project cost,
the percentage of completion, the amount requested on the current advance and the
total of all prior payments. The Requisition shall be accompanied by a certification
from Terratech, Inc. that all work has been performed in accordance with the
approved plans and specifications and the contractor is entitled to payment in the
amount requested. Upon approval of the Requisition for Payment by the City
Attorney, he shall authorize the City Finance Director to disburse from the Trust
Account an amount which, when added to all prior payments by parties other than
Developers, will equal 43% of the total Project cost expended as of the time of each
advance. The remaining 57% of such Project cost shall be paid by Developers
concurrently with each disbursement from the Trust Account. The final advance,
constituting not less than 10% of the Trust Account, shall be disbursed upon
certification by Terratech, Inc. that all work has been satisfactorily completed in
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accordance with the approved plans and specifications and upon approval of the
completed Project by the City Engineer or his authorized representative.
3.3 Pending disbursement thereof, the funds on deposit in the Trust
Account shall be invested in certificates of deposit or other insured form of interest
bearing account. The accrued interest shall be utilized for payment of design and
installation costs pertaining to the dewatering wells on Quarry Road as recommended
in the supplemental geotechnic report prepared by Terratech, Inc. dated
April 28, 1986. In addition, if the actual cost of the Project is less than the estimated
cost, the savings shall first be applied toward payment of the design and installation
costs of such dewatering wells and upon payment of such costs in full, any balance of
savings shall be applied toward reduction of the total amount contributed to the
Project by Developers.
Iv
MUTUAL GENERAL RELEASE
4.1 Except with respect to the obligations created by this Agreement and
any separate written agreements pertaining hereto, each of the parties to this
Agreement, on behalf of himself, herself, or itself and his, her or its heirs, executors,
administrators, personal representatives, officers, agents, employees, insurance
carriers, successors and assigns, does hereby release and forever discharge,
individually and collectively, all of the other parties to this Agreement and their
respective heirs, executors, administrators, personal representatives, officers, agents,
employees, insurance carriers, successors and assigns, from any and all claims,
demands, causes of action, liability, costs, expenses or damages of every kind and
nature, known or unknown, existing or which may hereafter exist, arising from or in
any manner relating to any actual or potential landslide, land slippage, earth
movement, slope instability, soil or subsoil instability or lack of lateral or subjacent
support of any kind or nature, including any failure, collapse or damage to any
building, road or other structure, and including also any claim for personal injury,
emotional distress or pain and suffering by virtue of any such occurrence, and any
claim for contractual liability based upon that certain agreement dated
December 6, 1950, as recorded on January 24, 1951, pertaining to the maintenance and
repair of Quarry Road.
4.2 The liability of each party to this Agreement is disputed and this
release and the payment of contributions hereunder shall not be construed as an
admission by any party of liability at any time or for any purpose. City expressly
denies that its participation in the Project constitutes a recognition of maintenance
responsibility by virtue of the Existing Drainage Easement.
4.3 It is expressly declared to be the intention of each party to this
Agreement to waive the provisions of Section 1542 of the California Civil Code, which
reads as follows:
"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."
4.4 Each of the parties to this Agreement hereby represents and warrants
to all of the other parties that he, she or it has full power and authority to execute
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this Agreement and that he, she or it has made no prior transfer or assignment of any
claim, demand or cause of action released hereunder. Each of the parties shall
indemnify and hold the other parties harmless from and against any expense, demand,
cause of action or liability, including attorney's fees, arising from or through the
assertion by any stranger hereto of a claim or claims connected with the subject
matter of this Agreement, or incurred directly or indirectly by reason of the falsity,
inaccuracy or breach of the representation and warranty contained herein.
4.5 The execution of this Agreement by the Vaquero Court Parties shall
constitute a dismissal, with prejudice, of the Claim for Property Damage dated
February 21, 1984, and the Claim for Property Damage and Emotional Distress dated
November 8, 1984, filed by the Vaquero Court Parties against City, and said Parties
hereby relinquish all rights to commence and prosecute any legal action against City,
or any other party to this Agreement, based upon such claims.
4.6 Each of the parties to this Agreement hereby acknowledges that the
Project represents a reasonable and practical joint effort to correct the geologic
hazards which now exist in the Quarry Creek area, based upon the information
provided in the Geotechnic Report and taking into consideration the funding available
for payment of Project costs. However, no unconditional guaranty of success has been
given and each of the parties has expressly assumed the risk that the Project will not
totally prevent all future earth movement activity.
V
MISCELLANEOUS PROVLSIONS
5.1 This Agreement is entered into for the benefit of the parties hereto
and their respective successors and assigns. Other than the parties hereto and their
respective successors and assigns, no third person shall be entitled, directly or
indirectly, to base any claim or have any right arising from or related to this
Agreement.
5.2 Each of the parties to this Agreement acknowledges that he, she or it
has been afforded a full opportunity to make whatever investigation or inquiry the
party may deem necessary in connection with the subject matter hereof. No promise,
representation or warranty has been made to any party as an inducement for the
execution of this Agreement except as expressly set forth herein.
5.3 This Agreement may be executed in one or more counterparts and,
when signed by all of the parties hereto, such counterparts together shall constitute a
single document.
5.4 In the event legal action shall become necessary in order to enforce
or interpret this Agreement, the prevailing party or parties shall be entitled to recover
all costs and expenses as may be incurred in connection therewith, including
reasonable attorney's fees.
5.5 Except as otherwise expressly provided herein, this Agreement
constitutes the entire agreement between the parties concerning the subject matter
hereof and supersedes all prior agreements or understandings, whether written or
verbal.
5.6 This Agreement may not be altered or amended except by a written
amendment executed by all of the parties hereto.
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5.7 Each party shall bear his, her or its own costs, attorney's fees and
other expenses pertaining to the assertion or defense of the claims, demands and
causes of action released hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the day and year first above written.
VAQUERO COURT PARTIES-
EDWARD J. BOLGER DOUGLAS V. VAUGHN
DIANNE W. BOLGER LARRY ORLANDO
JAMES B. COCHRANE SANDY ORLANDO
CATHERINE T. COCHRANE PATRICK L. HOFFPAUIR
HERBERT KAUFMAN LINDA M. HOFFPAUIR
RUTH L. KAUFMAN WALTER PACKARD
JOHN A. USHER LINDA PACKARD
MARSHA B. USHER MICHAEL CONN
QUARRY ROAD PARTIES:
LESTER FEINSTEIN
MARY FEINSTEIN
OLD OAK WAY PARTIES:
ROBERT L. JOHNSEN WILLIAM H. PERETTI
WENCHE JOHNSEN KATHLEEN M. PERETTI
DAVID W. MOSS MICHAEL LEAVELL
-6-
AGENDA BILL NO. 1
Council Action
Adopted resolution.
CITY OF SARATOGA
gs
FF
AGENDA ITEM
DATE:August 21, 1986
DEPT.:City Clerk CITY MGR. APPROVAL
1. Resolution for adoption with list of 1986 assessments.
Recommended Action:
1. Conduct public hearing to consider any protests.
2. Close public hearing and adopt resolution.
SUBJECT:Confirmation of Report and Assessment of Weed Abatement Charges
Summary:
Under State and local laws, the County and cities routinely abate the seasonal
fire hazards of weed growth on undeveloped property. For the County and nine
cities, including Saratoga, this weed abatement program is administered by the
County Building Official. In many cases, property owners find it convenient
to have government take care of weed removal and to pay through a property tax
lien.
This past year, the County Building Official had weed abatement performed on
111 parcels in Saratoga at a total cost of $24,779.31. Tax liens and
assessments upon the owners of these parcels range from a high of $1,012.77 to
a low of $7.92. The average assessment is $223.24. In order to recover this
cost, it is necessary for the Council to adopt a resolution confirming the
assessments and directing the County Auditor to enter and collect the
assessments on the property tax bill.
Fiscal Impacts:
None upon City if assessments are levied. City may be liable for work
performed by contractor for any assessments not levied.
WHEREAS, at a regular meeting held on September 3, 1986, the Building Official
of Santa Clara County submitted a report to this City Council consisting of
all unpaid bills for weed abatement expenses and a proposed assessment list,
and the parcels against which said expenses, including applicable
administrative and collection costs are to be assessed, all pursuant to Article
II, Ch. 6 of the Saraoga City Code, and
WHEREAS, the City Council, having heard said report and all objections
thereto, and the Council, finding that no modifications need to be made to any
of said assessments.
NOW, THEREFORE, BE IT RESOLVED, that the 1986 Weed Abatement Assessments
Report, City of Saratoga, prepared by the Building Official of Santa Clara
County, which report is attached hereto as Exhibit "A" and incorporated herein
by reference, be and hereby is confirmed. Each of said parcels as shown on
the attached Exhibit "A" is declared to have a lien against it in the amount
set opposite said parcel number in the last column thereof; and the Santa
Clara County Auditor is hereby directed to enter the amounts of said
assessments against the respective parcels of land on the County Tax Roll, and
to collect the same at the time and in the manner as general municipal
property taxes are collected.
A certified copy of this resolution and assessments shall be filed with the
Santa Clara County Auditor.
The above and foregoing resolution was passed and adopted at a regular meeting
of the Saratoga City Council held on the 3rd day of September, 1986, by the
following vote:
AYES:
NOES:
ABSENT:
ATTEST:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES
Deputy City Clerk
RESOLUTION NO.
Mayor
366 -20 -032
366 -22 -022
366 -49 -023
386 -14 -024
386 -14 -027
386 -17 -053
386 -23 -039
386 -29 -050
386 -47 -035
389 -06 -003
389 -06 -016
1. 389 -06 -017
389 -06 -019
389 -10 -005
1v 389 -10 -006
389 -19 -009
389 -19 -019
389 -23 -006
389 -23 -007
393 -01 -030
393 -01 -031
397 -01 -012
397 -01 -019
Iv 397 -01 -052
397 -01 -053
397 -01 -054
1.. 397 -01 -055
397 -01 -064
397 -01 -069
1. 397 -03 -012
397 -03 -029
397 -03 -070
1... 397 -03 -080
397 -03 -081
397 -03 -082
1.r 397 -03 -083
397 -03 -084
397 -05 -006
1v 397 -07 -095
397 -08 -081
397 -13 -053
397 -13 -056
APN
OWNER NAME
LYNGSO, JOHN H. MARY E
CASHIN, EMMET J.,JR.& DOROTHY
CHAN, KENNETH M. HELEN W.
TERESI, JOSEPH L.
COX AVENUE PROFESSIONAL LEN.
KUSALO, MATO MARYANNE
SARATOGA. AVENUE ASSOCIATES
MURRAY, LEROY C.
COX, HELENE T.
BI.LTj R, MARCUS K.
MEDICAL VILLAGE OF SARATOGA
MVS CO.
STURLA, WARREN A.
CALrWEST COMMUNITIES INC.
CAL-WEST COMMUNITIES INC.
SCHLESINGER, OPAL A.
COSTA, MANUEL F. KATHERINE G
SHRIVER, PATRICIA J.
CARDONA, CARL C. JACQUELINE
WAYNE H. MILLER INVEST. CO.
MILLER, WAYNE H. INVEST. CO.
MALISIC, MILADIN DARINKA
FUJIKAWA, LATH T. TOSHIKO
BARRON, JACOB S. RUTH Z.
WORTHINGTON, J. R. BARBARA A
KOURETAS, PETE BESSE
HORNE, DONALD R. MARY T.
BARR, ROBERT E. KARYN S.
KRPATA, CHARLES E. BRENDA S.
HOFF, MARC SUSAN L.
SZLENDAK, CASIMIR MARY W.
THOMAS CONSTRUCTION, INC.
C D C DEVELOPMENT CO.
C D C DEVELOPMENT CO.
C D C DEVELOPMENT CO.
C D C DEVELOPMENT CO.
C D C DEVELOPMENT CO.
WOODHULL, ROBERT B.
FARR, HASHEM M. NASRIN M
CRAIK, JAMES K. JUDI B.
GALES, SLOBODAN MARGARET
HEICHER, DONNA A.
1986 WEED ABATEMENT ASSESSMENTS BY THE COUNTY OF SANTA CLARA
FOR THE CITY OF SARATOGA
OWNER ADDRESS
BOX 667
1500 W CAPE DR, #105
3124 BRANDYWINE DR.
117 IOMA VISTA CT.
17920 DAVES AVE.
561 TICGA CT.
3000 SAND HILL RD., #150
19466 MILLER CT.
19161 COX AVE.
19000 COX AVE.
P. 0. BOX 2067
P. 0. BOX 2067
P. 0. BOX 21
1700 S EL CAMINO, #301
1700 S EL CAMINO, #301
3333 S. BASCOM AVE.
18531 VESSING RD.
18733 METLER CT.
18737 ASPESI DR.
300 3RD ST, #2
300 3RD ST., #2
18930 ALLENDALE AVE.
1725 ROGERS AVE.
14140 TEN ACRES CT.
14131 TEN ACRES CT.
14153 TEN ACRES CT.
14175 TEN ACRES CT.
2788 SCOTT ST.
14024 CAMINO BARCO
14451 SOBEY RD.
18843 TEN ACRES RD.
21999 MT. EDEN RD.
3077 CORVIN DR.
3077 CORVIN DR.
3077 CORVIN DR.
3077 CORVIN DR.
3077 CORVIN DR.
18530 SOBEY RD.
6861 QUEENSWOOD WY.
13449 KODIAC PL.
12340 S. SARATOGA- SUNNYVALE RD.
P. O. BOX 5392
CITY STATE
BELMONT, CA
SAN MATEO, CA
SAN JOSE, CA
LOS GATOS, CA
MONTE SERENO, CA
SUNNYVALE, CA
MENLO PARK, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SAN MATDO, CA
SAN MATEO, CA
CAMPBPr.L, CA
SARATOGA, CA
SARMcGA, CA
SARATOGA, CA
LOS ALTOS, CA
LOS ALTOS, CA
SARATOGA, CA
SAN JOSE, CA
SAIMOKCA, CA
SARATOGA, CA
SARAMGA, CA
SARATOGA, CA
SAN JOSE, CA
SARATOGA, CA
SARATCGA, CA
SARATOGA, CA
SARATOGA, CA
SANTA CIARA, CA
SANTA CLARA, CA
SANTA CLARA, CA
SANTA CLARA, CA
SANTA CLARA, CA
SARATOGA, CA
SAN JOSE, CA
SARATOGA, CA
SARATOGA, CA
SAN JOSE, CA
ZIP CODE TAX ROLL CHARGE
94002
94404
95121
95030
95030
94087
94025
95070
95070
95070
95070
95070
95070
94402
94402
95008
95070
95070
95070
94022
94022
95070
95112
95070
95070
95070
95070
95128
95070
95070
95070
95070
95051
95051
95051
95051
95051
95070
95120
95070
95070
95150
523.57
306.90
181.50
144.73
277.06
95.23
56.76
72.60
258.06
38.94
16.50
61.24
38.94
46.20
33.00
77.22
150.36
134.90
177.54
1,012.77
132.00
55.30
216.71
171.51
86.92
169.68
189.00
139.52
113.04
243.34
157.08
35.37
309.07
270.31
291.06
258.39
310.33
36.96
235.29
198.00
24.15
275.78
J
0
J
V
J
J
u
0
APN
397 -15 -014
397 -15 -016
397 -24 -022
397 -28 -050
397 -29 -005
503 -09 -005
503 -13 -059
503 -14 -032
503 -15 -027
503 -15 -031
503 -17 -008
503 -17 -026
503 -18 -069
503 -19 -067
503 -25 -012
503 -27 =081
L, 503 -28 -117
503 -28 -118
503 -28 -119
503 -28 -120
503 -28 -121
503 -28 -122
503 -28 -123
503 -28 -124
503 -29 -012
503 -29 -078
503 -30 -002
503 -30 -010
k. 503 -30 -030
503 -51 -003
503 -53 -061
tr 503 -55 -053
503 -55 -063
503 -62 -014
503 -62 -015
503 -62 -017
503 -62 -018
503 -62 -022
503 -62 -023
503 -62 -024
503 -66 -010
OWNER NAME
CHURCH OF JESUS CHRIST, LDS
CHURCH OF JESUS CHRIST, LDS
MOORE, ELLEN C.
LEUNG, SAVIO T.
RODONI, LILLIAN
KIMMEL, GARY D. JERI W.
HORVATH, FRANK J. DAGMAR M.
CONN, MICHAEL L. CAROLE A.
CHADWICK, ALLEN L. BARBARA
COCCIARDI CORPORATION
LISAC, WILLIAM MARIA
MARTINEZ, MICHAEL R. MARILYN
HAM, LEWIS H. ANNE M.
TOUGAS, BERNARD E. DORIS G.
SARATOGA REAL II
ISIDORO, FRANK W. MERNA L.
MC BAIN GIBBS, INC.
MC BAIN GIBBS, INC.
SAUDE, FRANK J. MARIA L.
MEUSY, RUSSELL M. LYNN C.
MEUSY, RUSSELL M. LYNN C.
MC BAIN GIBBS, INC.
MC BAIN GIBBS, INC.
MC BAIN GIBBS
RIDDER, JOSEPH B.
RIDDER, JOSEPH B.
WALKER, THOMAS E. SUSAN
POLITI, JOSEPH E. SANDRA
BOHN, ROBERT H. GAY M.
PERASSO, CLOTILDE M.
DHAKA, VIR A. MOHINI
BLAIR, JEROME C. ARLENE
SHANAFELT, JOHN J.
CLARK, RICHARD E.
CLARK, RICHARD E.
MC BAIN GIBBS, INC.
MC BAIN GIBBS, INC.
MC BAIN GIBBS, INC.
DICAR INVESTMENTS, INC.
DICAR INVESTMENTS, INC.
CHANG, MU T. LIN M.
OWNER ADDRESS
50 E NORTH TEMPLE ST.
50 E NORTH TEMPLE ST.
1089 S DANIEL, WY.
14040 SARATOGA- SUNNYVALE RD.
P. 0. BOX 305
22100 MT. EDEN RD.
15209 BLUE GUM CT.
1171 CAPRI DR.
13539 MANDARIN WAY
22631 MT EDEN RD.
13850 TEMPLEION PL.
5885 DASH CT.
12929 PIERCE RD.
20604 WARDELL RD.
1375 SARATOGA AVE.
15041 PARK DR.
P. 0. BOX 908
P. O. BOX 908
20870 TULA CT.
4030 MOORPARK AVE., #109
333 W. SANTA CLARA ST., #110
P. 0. BOX 908
P. 0. BOX 908
P. 0. BOX 908
750 RIDDER PARK DR.
750 KIDDER PARK DR.
1134 LITrLEQAK CL.
14447 DEER CANYON LN.
20056 KERN CL.
596 PACIFIC AVE.
31028 MARNE DRIVE
3549 MAURICIA AVE.
918 VERMONT ST.
2510 STEVENS CREEK BLVD.
2510 STEVENS CREEK BLVD.
P. 0. BOX 908
P. 0. BOX 908
P. O. BOX 908
734 LE MANS WAY
734 LE MANS WAY
21200 CHIQUITA WY.
CITY STATE
SALT LAID; CITY, UT
SALT LAKE CITY, UT
SAN JOSE, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
CAMPRFJ.r„ CA
SARATOGA, CA
SARATOGA, CA
LOS ALTOS HILLS, CA
SAN JOSE, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
SARATOGA, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
CUPERTINO, CA
SAN JOSE, CA
SAN JOSE, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
SAN JOSE, CA
SAN JOSE, CA
SAN JOSE, CA
SARATOGA, CA
SARATOGA, CA
SAN FRANCISCO, CA
RANCHO PALOS VERDES,
SANTA CLARA, CA
SAN JOSE, CA
SAN JOSE, CA
SAN JOSE, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
HALF MOON BAY, CA
HALF MOON BAY, CA.
SARATOGA, CA
84150
84150
95128
95070
95070
95070
95070
95008
95070
95070
94022
95120
95070
95070
95070
95070
94019
94019
95014
95117
95113
94019
94019
94019
95190
95131
95129
95070
95070
94133
CA 90274
95051
95126
95128
95128
94019
94019
94019
94019
94019
95070
ZIP CODE TAX ROLL CHARGE
46.20
35.90
186.78
72.60
191.40
72.60
157.41
164.86
326.70
81.19
297.33
471.90
99.00
239.58
108.90
194.43
214.50
224.40
171.60
402.27
318.78
270.60
260.70
319.60
145.20
209.88
165.00
198.00
65.20
290.40
74.84
277.31
106.42
878.72
885.06
244.20
224.40
72.60
72.60
264.00
45.11
0
0
0
l..
APN OWNER NAME
503 -72 -025 TANIGUCHI, BEN T. SACAIKO
503 -72 -026 MURPHY, WILLIAM J. BRENDA C.
503 -75 -008 KIAN CORP.
503 -75 -009 MASTERS, CHARLES T. SANDRA D
510 -52 -005 ROSENDIN, RAYMOND J.
517 -08 -023 CHRISTIAN, LORRAINE
517 -18 -041 BUTLER, GERALD D. JUDITH L.
517 -18 -044 BUTLER, GERALD D. JUDITH L.
517 -18 -045 VITT1L, SUDIN RAMA
517 -18 -046 BUTLER, GERALD D. JUDITH L.
517 -18 -047 BUTLER, GERALD D. JUDITH L.
517 -22 -037 KOCHER, RAISA R.
517 -22 -103 FULDE, WALTER J. CATHERINE D
96 (PARCELS)
OWNER ADDRESS CITY STATE ZIP CODE TAX ROLL CHARGE
17305 EATON LANE MONTE SERENO, CA 95030 121.27
114 ABBYWOOD CT. LOS GATOS, CA 95030 161.70
10880 WILSHIRE BLVD. LOS ANGELES, CA 90024 198.00
18443 TWIN CREEKS RD. MONTE SERENO, CA 95030 279.84
P. 0. BOX 5061 SAN JOSE, CA 95150 200.09
437 LONDON ST. SAN FRANCISCO, CA 94112 72.76
15015 VICKERY AVE. SARATOGA, CA 95070 216.34
15015 VICKERY AVE. SARATOGA, CA 95070 219.78
19493 CRISP AVE. SARATOGA, CA 95070 7.92
15015 VICKERY AVE. SARATOGA, CA 95070 11.48
15015 VICKERY AVE. SARATOGA, CA 95070 54.91
15139 PARK DR. SARATOGA, CA 95070 83.53
15164 MONTALVO RD. SARATOGA, CA 95070 161.70
18,560.53
J
ANN OWNER NAME
366 -12 -069 SOUTHERN PACIFIC TRANS. CO.
366 -12 -071 SOUTHERN PACIFIC TRANS. CO.
366 -20 -033 PACIFIC GAS ELECTRIC CO.
386 -44 -038 SOUTHERN PACIFIC TRANS. CO.
1, 386 -44 -040 PACIFIC GAS ELECTRIC CO.
386 -53 -017 SOUTHERN PACIFIC TRANS. CO.
386 -53 -019 PACIFIC GAS FT W. CO.
389 -01 -021 SOUTHERN PACIFIC TRANS. CO.
389 -01 -022 SOUTHERN PACIFIC TRANS. CO.
389 -11 -003 SOUTHERN PACIFIC TRANS. CO.
389 -19 -022 SOUTHERN PACIFIC TRANS. CO.
393 -17 -004 PACIFIC GAS ELEC. CO.
393 -17 -006 PACIFIC GAS ELEC. CO.
393 -21 -003 PACIFIC GAS ELEC. CO.
393 -21 -006 PACIFIC GAS FJEr. CO.
1.. 15 (PARCELS)
STATE BOARD OF EQUALIZATION (S.B.E.) PARCELS
OWNER ADDRESS
1707 WOOD ST.
1707 WOOD ST.
77 BEALE ST, #875
1707 WOOD ST.
77 BEALE ST, #875
1707 WOOD ST.
77 BEALE ST., #875
1707 WOOD ST.
1707 WOOD ST.
1707 WOOD ST.
1707 WOOD ST.
77 BEALE ST., #875
77 BEALE ST., #875
77 BEALE ST., #875
77 BEALE ST., #875
CITY STATE ZIP CODE TAX ROLL CHARGE
OAKLAND, CA 94607 327.97
OAKLAND, CA 94607 997.92
SAN FRANCISCO, CA 94106 372.42
OAKLND, CA 94607 260.20
SAN FRANCISCO, CA 94106 223.67
OAKLAND, CA 94607 671.74
SAN FRANCISCO, CA 94106 136.12
OAKLAND, CA 94607 344.52
OAKLAND, CA 94607 221.10
OAK ARID, CA 94607 815.51
OAKLAND, CA 94607 942.48
SAN FRANCISCO, CA 94106 170.52
SAN FRANCISCO, CA 94106 209.88
SAN FRANCISCO, CA 94106 222.99
SAN FRANCISCO, CA 94106 301.70
6,218.78