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HomeMy WebLinkAbout12-10-1986 City Council Agenda packetCITY OF SARATOGA AGENDA BILL NO. 1/ 9 INITIAL DEPT. HD. DATE: December 9, 1986 C. ATTORNEY DEPARTMENT: City Attorney C. MGR. Recommendation Adoption of Resolution No. 2233.2 Fiscal Impacts None. Council Action Stjff recommendation 5 -0. SUBJECT: Further extension on expiration date of SDR -1290 (Loren Hulse) Issue Summary On May 1, 1985, the City Council adopted Resolution No. 2233 providing for a stay on the period of time for expiration of the tentative building site approval granted to Loren Hulse until May 25, 1986. Being unable to complete the requirements for final building site approval by that time, Mr. Hulse requested a further extension and this request was granted by a Council resolution adopted on June 4, 1986, extending the time until November 25, 1986. Apparently, Mr. Hulse has now joined the growing list of developers having difficulty in furnishing the liability insurance and bond coverage required by the City, as shown by his letter dated November 24, 1986. He has requested a further extension of time in order to resolve this problem. Since the last extension was for only 6 months, staff has no problem with his request. The same procedure should be followed of amending Resolution No. 2233. Exhibits /Attachments (a) Resolution No. 2233 (b) Resolution No. 2233.1 (c) Request for further extension (d) Proposed Resolution No. 2233.2 providing for extension of time to May 25, 1987. RESOLUTION NO. 2233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA STAYING THE PERIOD OF TIME FOR EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL FOR SDR -1290 WHEREAS, LAUREN HULSE and JOYCE HULSE "Hulse applied to the City of Saratoga for tentative building site approval to divide that certain real property located at 21801 Mt. Eden Road into two lots, such application being identified as SDR -1290; and WHEREAS, tentative building site approval was granted by the City on or about February 17, 1977; and WHEREAS, on September 17, 1981, Hulse commenced a lawsuit against the City in the Superior Court of the State of California for the County of Santa Clara, Case No. 483896, pertaining to the applicatiuon of the initiative ordinance known as Measure A to SDR -1290, and said lawsuit is still pending as of this date; and WHEREAS, a settlement of said lawsuit has been negotiated between the City and Hulse, 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(c) of the California Government Code, Hulse has applied to the City for a stay on the period of time otherwise provided for expiration of SDR -1290, 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 Hulse involving SDR -1290 and pursuant to the authority granted under Section 66452.6(c) of the Government Code, a stay is hereby approved for a period of Twenty -Six (26) months, commencing as of the expiration date otherwise applicable to SDR -1290 and terminating on May 25, 1986. 2. The stay is conditioned upon the execution by all parties of the Stipulation for Settlement, in the form of Exhibit "A" attached hereto. Passed and adopted Rt a regular meeting of the City Council of the City of Saratoga held on the S day of 1985, by the following vote: AYES: Councilmembers Clevenger, Hlava, Moyles and Mayor Fanelli NOES: None ABSTAIN: ABSENT: ATTEST: None Councilmember Callon CITY CLERK t} e AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK RESOLUTION NO. 2233.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION NO. 2233 STAYING THE PERIOD OF TIME FOR EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL FOR SDR -1290 WHEREAS, the City Council adopted Resolution No. 2233 providing for a stay on the period of time for expiration of the tentative building site approval for SDR -1290 until May 25, 1986; and WHEREAS, the applicant has requested a further extension of time to complete the requirements for obtaining final building site approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: 1. Paragraph 1 of Resolution No. 2233 is amended to read as follows: "By reason of the pending litigation between the City and Hulse involving SDR -1290 and pursuant to the authority granted under Section 66452.6(c) of the Government Code, a stay is hereby approved for a period of Thirty Two (32) months, commencing as of the expiration date otherwise applicable to SDR -1290 and terminating on November 25, 1986." 2. Except as otherwise herein amended, Resolution No. 2233 shall remain in full force and effect. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 4th day of June 1986, by the following vote: Councilmembers Callon, Fanelli, Hlava, Moyles and Mayor Clevenger None None None °G MAYOR Ms, Cathy Curtis City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Lauren L. Hulse 21801 MT. EDEN ROAD SARATOGA CALIFORNIA 95070 Nov. 24, 1986 Re: SDR 1290 Extension of Completion Date Dear Ms Curtis, We are requesting the completion date of SDR 1290 be extended from Novenber 25, 1986 to Feb 19, 1987, an of 60 working days. We are working on two final requirements: Liability insurance and a bond. All other fees are in excrow,with First American Ttile Comapny and being administered by Mary Kirkeby, our engineer. Insurance: We were notified of a change in liability insurance coverage for the street improvement project within SDR 1290 on Nov. 18, 1986. The change requires coverage of $1,000,000 instead of $300,000. We had obtained $300,000 coverage with my Homeowners, however, when completion of the- `Cetaereial form "Certificate of Insurance" which is required by the City was requested they company informed us that.commercial insurance must be obtained. This insurance'i's not 'ava'ilable to an individual, only contractors. Last year the insurance industry underwent radical changes, cancelling many insureds. Most contractors did not renew, some large ones now carry $500,000 when they had previously carried $1,000,000. Bond: Available to contractors and or individuals who have a project contract with a bonafide contractor. Again we ran into trouble for the contractor we had planned to use does not have the proper insurance, and a bond is not available without a contract. Our intient is to present the City with our project contract which will be with a contractor who carries required coverage. This contract will specify completion date in mid 1987. Any consideration for this extension given us by the City Council will be appreciated. cc: MaxY.; T y Hal Toppel File cerely, Lauren Hulse A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION NO. 2233 STAYING THE PERIOD OF TIME FOR EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL FOR SDR -1290 WHEREAS, on May 1, 1985, the City Council adopted Resolution No. 2233 providing for a stay on the period of time for expiration of the tentative building site approval for. SDR -1290 until May 25, 1986; and WHEREAS, on June 4, 1986, the City Council adopted Resolution No. 2233.1, amending Resolution 2233 to provide for an expiration date of November 25, 1986; and WHEREAS, the applicant has requested a further extension of time to complete the requirements for obtaining final building site approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: 1. Paragraph 1 of Resolution No. 2233 is amended to read as follows: "By reason of the pending litigation between the City and Hulse involving SDR -1290 and pursuant to the authority granted under Section 66452.6(c) of the Government Code, a stay is hereby approved for a period of thirty -eight (38) months, commencing as of the expiration date otherwise applicable to SDR 1290 and terminating on May 25, 1987." 2. Except as otherwise herein amended, Resolution No. 2233 shall remain in full force and effect. NOES: ABSTAIN: ABSENT: ATTEST: Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 17th day of December, 1986, by the following vote: AYES: City Clerk RESOLUTION NO. 2233.2 Mayor January 5, 1987 Mr. Lauren L. Hulse 21801 Mt. Eden Road Saratoga, California 95070 Dear Mr. Hulse: Sincerely, UMW ©0 0 Cc Grace E. Cory Deputy City Clerk 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 Enclosed is a copy of Resolution 2233.2, which stays the period of time for expiration of your tezative building site approval for SDR 1290. Also enclosed is a copy of the backup material received on this by the City Council. Please let me know if you have any questions. COUNCIL MEMBERS: Karen Anderson Martha Clevenger Joyce Hlava David Moyles Donald Peterson AGENDA BILL NO. DATE: 11 -18 -86 (12- 10 -86) DEPT.: Inspection Services SUBJECT: FINAL ACCEPTANCE, TRACT 6732, GERALD BUTLER, MONTALVO HTS Suzmary The public improvements required for the subject building site have been satisfactorily completed. Fiscal Impacts: None Exhibits /Attachments: 1. Memo 2. Resolution 36.-B Recommended Action: Grant "Final Acceptance" to the subject building site. Council Action CITY OF SARATOGA AGENDA ITEM CITY MGR. APPROVAL TO: FROM: SUBJECT: RSS /dsm MEMORANDUM 1. Developer: Address: Receipt, Bond or Certificate No.: MUM' 04 13777 FRUITVALE AVENUE SARATOGA. CALIFORNIA 95070 (408) 887 -3438 City Council Director of Community Development Final Acceptance for Tract 6732 Location: Montalvo Heights Drive The one (1) year maintenance period for Tract 6732 has expired and all deficiencies of the improvements have been corrected. Therefore, I recommend the streets and other public facilities be accepted into the City system. Attached for City Council consideration is Resolu- tion 36 which accepts the public improvements, easements and rights -of -way. Since the developer has fulfilled his obligation described in the improve- ment contract, I also recommend the improvement securities listed below be released. The following information is included for your information and use: 5. Special Remarks: Gerald Butler 2. Date of Construction Acceptance: Sept. 4, 1984 3. Improvement Security: Type: Security Bond Amount: S15f Q00 Issuing Co: United Pacific Insurance Co. Address: Federal Way Tacoma, Washington U 45 30 79 4. Miles of Public Street: .14 15015 Vickery Ln., Saratoga Rob DATE: 11/18/86 t S. Shook RESOLUTION NO 36 -B- RESOLUTION ACCEPTING DEDICATION OF STREETS Tract 6732 It appearing that on or about Nov. 1, 1986 the street, storm drain and other improvements as shown on the hereinafter referred to subdiviison map and on approved improvement plans therefore were completed and thereafter were maintained by the sub- divider for a period of not less than an additional year from date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easements as shown on the following described subdivision map: Map of Tract No. 6 732 recorded in Book 514 of Maps, at PageS 7 8, in the office of the County Recorder of the County of Santa Clara, State of California on June 22 19 83 and as set forth in the Clerk's certificate on said map, is hereby rescinded and the previously rejected offers of dedication on said map are hereby accepted, except the following: and all of the above streets which are accepted under this resolution are hereby de- clared to be public streets of the City of Saratoga, County of Santa Clara, State of California. BE IT FURTHER RESOLVED: That the following described improvement bond or bonds are hereby ordered released: That certain Improvement Bond No. U453079 dated April 1, 1983. and issued by United Pacific Insurance Company The above and foregoing resolution was passed and adopted on the 10th day of Tl+rcanhpr 19 86 at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR