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HomeMy WebLinkAbout01-15-1986 City Council Agenda packetf,= F6 AGENDA BILL No. /600 DATE 1/6/86 (1/15/86) DEPAR'flIENT: Community Development Issue Summary Recommendation Fiscal Impacts None Exhibits/Attachments Council Action CITY OF SARATOGA Construction Acceptance of Tract 6632 Montalvo Heights, Gerald Butler Initial: Dept. Bd. C. Atty. C. Mgr. The public improvements required for the subject tract have been satisfactorily completed. This "Construction Acceptance" will begin the one (1) year maintenance period. 1. Memo describing development and bond. Grant "Construction Acceptance" for above tract. 1/15: Approved IMMO TO: City Manager FROM Director of Public Works SUBJECT: Construction Acceptance for Tract 6632 Name Location: 1EI7 04 AU 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 Gerald Butler DATE: 1/6/86 Montalvo Heights, Saratoga, CA 95070 Public Improvements required for Tract 6632 have been satisfactorily completed. I, therefore, recommend the City Council accept the improvements for construction only. This "construction acceptance" will begin the one (1) year maintenance period. During that year, the improvement contract, insurance and improvement security will remain in full force. The following information is included for your use: 1. Developer: Gerald Butler Address: 15015 Vickery Avenue 2. Improvement Security: Type: Address: RSS /dsm Saratoga, CA 95070 Security Bond and Cash Amount: $74,000 and 10,000 Issuing Company: United Pacific Insurance Company Federal Way Washington Receipt, Bond or Certificate No.: 01820 and Bond No. U453066 3. Special Remarks: Please release $10,000 Cash Bond. Robert S. Shook AGENDA BILL NO: ©a DATE: January 7, 1985 DEPARTMENT: Maintenance SUBJECT: Hakone Donation Issue Summary The Los Gatos -Monte Sereno- Saratoga Newcomers Club has donated $25.00 to Hakone Gardens. Recommendation Fiscal Impact $25.00 donation. 1 Initial: Dept. Head: City Atty: City Mgr: Accept and acknowledge this donation by way of a letter from the Mayor. Forward donation to Hakone Foundation. Attachments Report on handling cash donation to Hakone Gardens. Council Action 1_/15: Approved and directed staff to endorse cash donations to Hakone Foundation. UMW clf UCOCei REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Cash Donations to Hakone Gardens DATE: 1/10/85 COUNCIL MEETING: 1/15/85 The City continues to receive donations to Hakone Gardens, including donations of cash. As you will recall at your meeting -df November 7, 1985, the Council directed that the Hakone bank account be closed and the entire balance of that account be forwarded to the Hakone Foundation Board of Directors. It would seem to be rather cumbersome, from a bookkeeping standpoint, to deposit these cash donations in a new City account and then write a check to the Foundation. It would also add to the City's costs by handling these donations in such a fashion. A better option, I feel, would be for the City to endorse any such cash donations over to the Foundation, acknowledge receipt of the donation and indicate that the funds have been forwarded to the Foundation for future improvements to Hakone Gardens with the City's thanks. arry Peacock City nager AGENDA BILL NO. /003 DATE: 1/3/36 (1/15/86) DEPARITENT: Community Development Issue Summary Recommendation Fiscal Impacts Exhibits /Attachments Council Action 1/15: Approved Resolution MV 163. CITY OF SARAZOGA NO PARKING Portions of Cox Avenue 1. Resolution .No. MV. 2. Sketch showing location 3. Letter from Saratoga Courts Apartments. Initial: Dept. Hd. OMMOIMINIP We have been requested by the Resident:Supervisor of the Saratoga Courts apartment on Cox Avenue to prohibit parking on portions of Cox Avenue at their driveways and at the existing crosswalk. I have observed the situation on numerous occassions and agree with•the request. The proposed parking prohibition would definitely improve the safety for the pedes- trians using the crosswalk as well as for vehicles entering or leaving the apartments. Adopt Resolution No. MV prohibiting parking on portions of Cox Avenue. The cost for the installation of the signs and painting the curb red would be approximately $575.00 and come from the Traffic Safety Budget (712- 41 -70) RESOLUTION NO. MV RESOLUTION PROHIBITING PARKING ON PORTIONS OF COX AVENUE The City Council of the City of Saratoga hereby resolves as follows: Section 1: Based upon an engineering and traffic study, the following designated portions of street in the City of Saratoga are hereby de- clared to be congested areas and the following limits for parking of motor vehicles are hereby established for said portions of said street: Name of Street Cox Avenue Cox Avenue Cox Avenue This section shall become effective at such time as the Proper signs and /or markings are installed as delineated above. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of 1986, by the following vote: AYES: NOES: ABSENT: ATTEST: Description Parking Limit On the northerly side from NO PARKING 445'± to 515'± southerly ANYTIME and easterly from the point of the intersection of the centerline of Saratoga Avenue and the centerline of Cox Ave- nue On the northerly side from 630'± to 760'± southerly and easterly from the point of in- tersection of the centerline of Saratoga Avenue and the center- line of Cox Avenue On the southerly side from 630'± NO PARKING to 665'± southerly and easterly ANYTIME from the point of intersection of the centerline of Saratoga Avenue and the centerline of Cox Avenue CITY CLERK MAYOR NO PARKING ANYTIME lea) /1 0 i i 1/ o brjk�Y /1 b I/1 Ay 1/1 1 /17 V/ /'-7,� 1 III 1 1 I jr:j '1 lli d'Qld 's 1 l I1 /1/11 III 1 1 1 11 III 1 1 .NI i 11/11 X11 X 9Nl /11 11 X 1 11 1 111 V I I I I I IIi L 111 o I I 1 11 1 1 c O Ill I I v, p I 111 1 I x IV I 1 S A I I 0 1a 1 cn I �r 1a k 1 I 1 1 1 I I�� 1 1 [I 1 k 1 I I i I I XIIdG�I ?J 10 o °Iy I I I I'7 I Ill y k I 1 I n III o o I DED PE0 III �o4 Saratoga Court 18855 Cox Avenue Saratoga, California 95070 City Offices City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Department of Community Developement Attention: Robert S. Shook File. cc: Carol Edel tread l X lJ J i November 21, 1985 RECEIV O V 2 7 19 COMMUNITY DEVELOPMENT Subject: Painting of curbing red at 18855 Cox Avenue, Saratoga Courts Apartment Ref.: Telecon 11 -21 -85 Calvin ,Judd /.Resident'Supervisior and Herman Dorsey/ City of Saratoga, Eng'g Department In order to eliminate complications for the senior res- idents of Saratoga Courts Apartments and to insure proper safety zones for the access to the crosswalk and driveways entering Cox Avenue; we sincerely request the painting of curbing.on each side of driveways and at the crosswalk'to Cox Avenue. 'Both of these areas are currently being abused by the people parking cars on Cox Avenue. We would appreciate your earliest response. Thank you, Calvin A. Jude Resident Supervisor Saratoga Courts Apartments (at Cox Avenue) a t —r Co (1) L /1p i 4 AGENDA BILL NO. DATE: S Issue Summary Recommendation Fiscal Impacts Exhibits /Attachments 1/6/8f6A. (1/15/8 6) DEP Community Development Final Map Approval 'SDR -1586, Los Gatos Jt:. "Union 7HighSchoo1 Dist./ Osterlund Enterprise (3 lots) 1. The SDR -1586 is ready for final approval. 2. All bonds, fees and agreements have been submitted to the City. 3. Requirement for City and other agencies have been met. Adopt resolution 1586 -02 attached, approving the final map for -1586. Authorize execution of contracts for improvement agreement. None 1. Resolution No. 1586 -02. 2. Report to Planning Commission. 3. Status Report for Building Site Approval. 4. Location Map. Council Action 1/15: Approved. 99 9 7 CITY OF SARAIOGA Initial: Dept. Hd. C. Atty. C. Mgr. RESOLUTION NO. 1586 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Los Gatos Jt. Union High School Dist/ Osterlund Enterprises The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.295 acre, 0.925 acre and 33.711 acres Parcel shown as Parcel A, B and C on the Final Map prepared by J. M. Heiss and submitted to the City Engineer, City bf Saratoga, be approved as three (3) individual building sites. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular meeting held on the day of by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 19 APN: Portion of 397 29 PARCEL SIZE: SITE LOPE: 7 acres Overall: 6"0 or Parcel A: 9% Parcel B: 22 Parcel C: S% or OE'r,7 cDO REPORT TO PLANNING COMMISSION ,.115) of -a APPRnVED 2•Y: i Date: ComMTSsion Meeting: E);ISTING LAND USE: Saratoga High School and 'Vacant. LOT SIZES: Parcel A 12,600 sq. ft. Parcel E 40,000 sq. ft. Parcel C -'34 acres (school) 2/5/85 2/13/86 ACTION REQUESTED: Tentative Building Site Approval for -a 3 lot subdivision. APPLICATION NO. u LOCATION: SDR- -1686, Southeast corner of Saratoga- Sunnyvale Road and Herriman Avenue (Access from Alta Vista) APPLICANT: Osterlund Enterprises, Inc. OWNER: Los Gatos Joint Union High School District OTHER APPROVALS RECEIVED /REQUIRED: Final Building Site Approval, Design Review and Building Permits. ENVIRONMENTAL_ ASSESSMENT: A Negative Declaration has been prepared for this project. ZONING: R- 1- 12,E00 GENERAL PLAN DESIGNATION: Residential Medium Density Single Family (M 12,E) SURROUNDING LAND USES: Single Family Residential; Church to the north. NATURAL FEATURES 3 VEGETATION: The area to be subdivided is close to Saratoga Creel: but will not impact it cr the existing riparian vegetation. Gently sloping areas have oal: trues and brush. Steeper slopes have heavier vegetation. Report to Planning Co,minission SDR -1588, Osterlund Ent., Sarat /Sunnyvale Herriman 5/ E =age 2 PROJECT HISTORY: On May 11, 1983, the Planning Commission erentec Tentative Map Approval for a 5 lot subdivision (S0 -1512) of Joint Union High School District (L.G.J.U.H.S.D.) property :ont_inin:g Saratoga High School. Four (4) of those lots are to be used 7=cr sincle family residences and the applicant will be proceeding toward- Final Mac Approval on these lots. The fifth lot is the subject of �h�„ �r .c' PROJECT DESCRIPTION: The school district is proposing the creation c= two new lots on a portion of its property adjacent to the terminus A.lte Vista Lane and the westernmost limit of the the four lots erevi_;,si; granted Tentative Map Approval. Both of the new lots would access from the extension of lts ist which would dead and at the northwestern property line of t'-•'e adjecert Miner property. None of the previously approved lots would the Alta 'Vista Lane extension. CIRCULATION: The extension of Alta Vista Lane, which is required to provide access to both lots, will create a cul de -sac of about length. Policy CI.2.2 of the Circulation Element of the General P an States "01.2.2 For safety, every new or developing public or private =,1- greater than.500 feet in length, and every new and developing residential area in the City with more than 15 residential lots on a cul- ce _ac s have a primary and an emergency access." u J Section 13.3 -4 of the Subdivision Ordinance requires cul to no longer than 400' unless, in the opinion of the Commission, it the 4 ;.0 Vnl y feasible way to develop the property. The Commission would have to this finding .before approving this subdivision and grant an exception t this requirement. An emergency access easement was required for the earlier diVisi,sn the school district property which extends from the and of the X11- d=_ adjacent Miner property to the Miner property. Eventually, when the ad r develops, an emergency access should connect the two subdivisions Fire District has indicated that since only four (4) existing rots and two (2) new lots would be served by the cul -de -sac, an emergency acce =s s ct required at this time. Considering these factors, staff would recommend the Commission race one the following findings and grant an e;•:ception from S ection the Subdivision Ordinance: 1. There are special circumstances or conditions ,affecting sai Groper or 2. The exception is necessary for the preservation and enjoyment of the substantial property rights of the petitioner. Report to Planning Commission SDR -1586, Osterlund Ent., Sarat /Sunnyvle Herr man In addition to making one of the findings above, the Commission r also find that: 3. The granting of the exception will not be materially detrimental t., the public health, safety or welfare or injurious to other prcoe the territory in which said property is located. PROJECT STATUS: Said project complies with all objectives of the 'General Plan, and all requirements of the Zoning and Subdivision Ordinances of the City of Saratoga. The housing needs of the region have been considered and have been baianced against the public service needs of its residents and available fiscal enP environmental resources. A Negative Declaration was prepared and will be filed with the Count Santa Clara Recorder's Office relative to the environmental impact of this project, if approved under this application. Said determination date: 12/20/84. The Staff Report recommends approval of the tentative map for SOR-IFSS (Exhibit.B -1 filed 1/16/86) subject to the following conditions: I. GENERAL CONDITIONS II. SPECIFIC CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT Page A. Pay Storm Drainage Fee in effect at the time of obtaining Fina Approval. B. Submit "Parcel Map" to City for checking and recordation (Pe required checking recordation fees). (If parcel is shown cn existing map of record, submit three (3) to scale prints). D. Submit "Irrevocable Offer of Dedication" to provide easements. in Applicant shall comply with all applicable provisions of Ordinance No. 60, including without limitation, the submission of a Record of Survey or parcel map; payment of storm drainage fee and park and recreation fee as established by Ordinance in effect at the tip,_ c, final approval; submission of engineered improvement plans for any street work; and compliance with applicable Health Department r=_u- lations and applicable Flood Control regulations and repuiremments of the Fire Department. Reference is hereby made to said Or for further particulars. Site approval in no way excuses compliance with Saratoga's Zoning and Building Ordinances, nor with any other Ordinance of the City. In addition thereto, applicant shall comply with the following Specific Conditions which are hereby requir_t and set forth in accord with Section 23.1 of Ordinance No. 60. C. Submit "Irrevocable Offer of Dedication" to provide for a 20 ft. Half- Street on Alta Vista. Report to Planning Commission 2/6 35 SDR -1585, Osterlund(LGJUHSD), Sarat /Sunny•.- u Herr man Page 4 as required E. Improve Alta Vista to City Standards, including the following: 1. Designed Structural Section 1S ft. between centerline flowline.• P.C. Concrete curb and gutter (V -24). Undergrounding Existing Overhead Utilities. F. Construct Storm Drainage System as shown on the "Master Dr_sinsce Plan" and as directed by the City Engineer, as needed to convey storm runoff to Street, Storm Sewer or !Watercourse, includinc the following: 1. Storm sewer trunks with necessary manholes. Storm sewer laterals with necessary manholes. 3. Storm drain inlets, outlets, channels, etc. G. Construct Standard Driveway Approaches. H. Provide adequate sight distance and remove obstructions of as required at driveway and access road intersections. I. Watercourses rust be kept free of obstacles which will cnane, retard or prevent flow. J. Protective planting required on roadside cuts and fills. K. Obtain Encroachment Permit from S.C.'J.W.D. for work to be ,Z,,7L within its Right-of-Way. L. Engineered improvement Plans required for: 1. Street Improvements Storm Drain Construction M. Pay Plan Check and Inspection Fees as determined from Improve- ment Plans. N. Enter into Improvement Agreement for required improvement" t.. he completed within one (1) year of receiving Final Approval. O. Post bond to guarantee completion of the required improvements. III. SPECIFIC CONDITIONS DIVISION OF INSPECTION SERVICES A. Geotechnical investigation and report by licensed professional for: Report to Planning Commission /6/25 SCR -1626, Osteriund(LGJUHSD), Sarat /Sunny'vl Herriman Page 5 1. Geology 2. Soils 3. Foundation B. Plans to he reviewed by geotechnical consultant prior to build- ing permit being issued. C. Detailed on -site improvement plans showing: 1. Grading (limits of cuts, fills; slopes, cross- sections, existing and proposed elevations, earthwork quantities). Drainage details (conduit type, slope, outa.11, location, etc.) 3. Retaining structures including design by H.I.A. or R.C.E. for walls 3 feet or higher. 4. Standard information to include titlebiockk, plot Aland using record data, location map, north arrow, sheet nos., owner's name, etc. D. Comply with City Geologist's recommendations. IV. SPECIFIC CONDITIONS COUNTY SANITATION DISTRICT NO. 4 A. Sanitary sewer service is available. B. Applicant shall work with the Sanitation District and acquire necessary easements. SPECIFIC CONDITIONS SARATOGA FIRE DISTRICT A. Construct driveway 14 feet minimum width, plus one foot shoul- ders using double seal coat oil and screening or better on 6 inch aggregate base from public street or access road to proposed dwelling. Slope driveway shall not exceed 12 -1/2% without ad- hering to the following: 1. Driveways having slopes between 12 -1/2% to 15% shall be sur- faced using 2 -1 /2 inches of A.C. on 6 inch aggregate base. Driveways having slopes between 1E% to 17-1/2% shall be sur- faced using 4 inches of P.C.C. concrete rough surfaced on 4 inch aggregate base and shall not exceed 50 ft. in length. Driveways with greater slopes or larger length will not be accepted. B. Construct a turnaround at the terminus of the Alta Vista Lane ex- tension having a 32 ft. inside radius. Other approved type turn- around must meet requirements of the Fire Chief. Details shall VIII. SPECIFIC CONDITIONS PLANNING DIVISION Report to Planning Commission 2/5/25 SDR 1586, Osterlund(LGJUIISD), Sarat /Sunnyvle Harriman Page 6 be shown on building plans. C. Driveway shall have a minimum inside curve radius of 42 ft. D. Provide a parking area for two (2) emergency vehicles at pro- posed building site, or as required by the Fire Chief. Details shall be shown on building plans. E. Extension of existing water system adjacent to site is required for fire protection. Plans to show location of water mains and fire hydrants. F. Provide 15 foot clearance over the road or driveway (vertical) to building site. Remove all limbs, wires or other obstacles. G. Developer to install 2 hydrants that meet Saratoga Fire Dis- trict's specifications. H. As two (2) of the hydrants will be on -site, the developer is to grant an easement to make these hydrants public. (I. SPECIFIC CONDITIONS SANTA CLARA COUNTY HEALTH DEPARTMENT A. A sanitary sewer connection will be required. D. Domestic water to be provided by San Jose Water Works. VII. SPECIFIC CONDITIONS SANTA CLARA VALLEY WATER DISTRICT A. Applicant shall, prior to Final Map Approval, submit plans showing the location and intended use of any existing wells to the SCVWD for review and certification in conformance with district letter dated 12/28/84. A. Public Hearing Design Review Approval required on project prior to issuance of permits. E. Prior to issuance of building permits, individual structures shall he reviewed by the Planning Division to evaluate the potential for solar accessibility. The developer shall pro vide, to the extent feasible for future passive or natural heating or cooling opportunities on /in the subdivision/build ing site. C. Tree removal prohibited unless in accord with applicable City Ordinances. D. Applicant shall comply with the conditions outlined in the City Geologist's letter dated 12/12/84, incorporated herein by re- ference. Report to Planning Commission APPROVED: MF/doo P.C. Agenda: 2/13/85 SDR-1586 Ooterlund/LGJUHSD. Sarat/Sunnyvle Herriman Page 7 E. Staff Design Review of retaining walls and terrace land- scaping required prior to issuance of building or grading permits. Michael Flores Planner MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: Status Report for Building Site Approval Los Gatos Jt. Union High School Dist/ All conditions for Building Site Approval SDR- 1586 Osterlund Enterprise (have) (h av xxLt) been met as approved by the Planning Commission on 2/13/85 Listed below are the amounts, dates and City receipt numbers for all required items: Offer of Dedication yes Date Submitted 1/2/86 4t-e -0 -r-€1--e -S+i -e-y --e-i Parcel Map yes Date Submitted 1/2/86 Storm Drainage Fee 1300 Date Submitted 1/2/86 Receipt 3897 All Required Improvement Bonds $135,000 Date Submitted 1/2/86 Receipt# All Required Inspection Fees $12,000 Date Submitted 1/2/86 Receipt# 8897 Building Site Approval Agreement yes Date Signed 1/2/86 Park and Recreation Fee 2,600.00 Date Submitted 1/2/86 Receipt# 8897 It is, therefore, the Community Development Department recommendation that (Ceecl +4eea4i (Final) Building Site Approval for Los Gatos Jt. Union Hiah School, SDR- 1586 be granted. Dist /Osterlund Enterprises. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non Compliance Rob Shook D or of Community Development 4� 0 4A% Y 1 0 4 k*i bil k r e aft 4W tw" Ira" P NEM r tR 0 0 11r/■i Alb i .14 :1 M E k. ■ice idm O m Vag 1 4 -1- 1 >,;l H M 3,000 S4 0 0 qi v Wag F.1 111.0111illur z 0 v SARATOGA F41CH SCHOOL t ERA0 1T e- R-1 12;500 *w 401,- v0" h 1 kat$ 0 o b 5 SCHOOL. R 1- 10.001) itd• aithimmoo: 1 74M4(41,111 Mpg m cF19 ,,a 11 20,000` AGENDA BILL NO. /0 °Q, DATE: DEPARTMENT: S is a Issue Summary Fiscal Impacts None Council Action 1/6/86 (1/15/86) 1/15: Approved. Community Development CITY OF SARATOGA Exhibits/Attachments 1. Resolution No. 1596 -02 2. Letter from Nelson Engineering 3. Location Map Initial: Dept. Bd. Approve Amended Map for Tract NO. 7798 C. W. Associates, Quito. Rd. (8 lots) At its regular meeting of October 16, 1985, the Saratoga City Council approved the final map for Tract No. 7798. During the Construction Surveying the Engineer found different bearing of southerly line of Tract 7798 compared to recorded map for above Tract. The map is essentially the same but amended to reflect the correct bearing which decreases the area of all lots but they still meet zoning requirements. Recommendation Adopt Resolution No. 1596 -03 attached, approving the Amended Map for Tract 7798. RESOLUTION APPROVING FINAL MAP OF WHEREAS, a final subdivision map of Tract 7798 having heretofore been filed with this City Council for approval, and it appearing that all streets, public ways and easements shown thereon have not been satisfactorily improved nor completed, and it further appearing that otherwise said map conforms with the require- ments of Division 2 of Title 7 of the Government Code of the State of California, and with all local ordinances applicable at the time of approval of the tentative map and all rulings made thereunder, save and except as follows: NOW THEREFORE BE IT RESOLVED: (1) The aforesaid final amp is hereby conditionally approved. Said approval shall automatically be and become unconditional and final upon compliance by subdivider with such requirements, if any, as set forth immediately above as not yet having been complied with, and upon compliance with Section (3) hereof. (2) All street dedications, and all other dedications offered on said final map. (except such easements as are declared to be accepted by the terms of the City Clerks certificate on said map), are hereby rejected pursuant and subject to Section #66477.1 of the Government Code of the State of California. (3) As a condition precedent to and in consideration of the future accept- ance of any streets and easements not by this resolution now accepted, and as a condition precedent to the City Clerk certifying the approval and releasing said map for recordation, the owner and subdivider shall enter into a written agreement with the City of Saratoga, secured by good and sufficient surety bond or bonds, money or negotiable bonds, in amount of the RESOLUTION NO. 1596 -03 Tract 7798 -1- estimated cost of improvements, agreeing to improve said streets, public ways and easements in accord with the standards of Ordinance No. NS-60 as amended and with the improvement plans and specifications presently on file, and to maintain the same for one year after completion. The for and additional terms of said written agreement and surety bond shall be as heretofore adopted by the City Council and as approved by the City Attorney. The mayor of the City of Saratoga is hereby authorized to exe- cute the aforesaid improvement agreement on behalf of said city. (4) Upon compliance by subdivider and /or owner with any remaining require- ments as set forth in the preamble of this resolution (if any) and with the provisions of Section (3) hereof, the City Clerk is authorized and directed to execute the City Clerk's certificate as shown on said map and to transmit said map as certified to the Clerk of the Santa Clara County Board of Supervisors. The above and foregoing resolution was duly and regularly introduced and passed by the City Council of the City of Saratoga on the day of 19 by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR n J EncinEninc CIVIL ENGINEERING SURVEYING CONSTRUCTION 21801 STEVENS CREEK BLVD. SUITE 7 CUPERTINO, CA 95014 (408) 257 -6452 422 SAN BENITO ST. HOLLISTER, CA 95023 (408) 637 -2682 Mr. Robert Shook Director of Community Development 13777 Fruitvale Ave. Saratoga, Calif. 95070 Subject: Tract Number 7798, Quito Road Estates, SDR -1596 Dear Mr. Shook: R.rehac DEC 27 DEC 2` December 26, 1985 DEC 2,' 1985 On December 9, 1985, Nelsen Engineering submitted to your staff, copies of an amended map and calculations for the subject project. This amendment was required because of a discrepancy for the common line of the subject project with Tract No. 1866. The bearing of the southerly property line as shown on the parcel map entitled "Parcel Map Lands of Machado" (Book 431 of Maps at Pages 27 and 28) and the associated title report is S 84° 40' W, while the bearing for the same line (the northerly boundary of Tract No. 1866) is S 84 14'04" W. The difference in the two bearings for this same line results in a counterclockwise rotation of the line about its point of intersection with the centerline of Quito Road. The monument for this point was found during the surveys for both projects. Thus the common line conflicts from an amount equal to zero at Quito Road to 5.44 feet at the southeasterly corner of the project. There is sufficient area in the project to accommodate this rotation without significantly changing the configuration of the tentative map as approved by the City Council. The area for Lot 5 is affected most by the ammendment with an 8.3% (1,324 sq. ft.) reduction. However, the net area of 14,658.39 square feet is still significantly more than the minimum, 10,000 sq. ft. required by the City's ordinance. During the boundary survey for the Quito Road Estates project, the monuments shown for Tract 1866 were not found. Although there are monument boxes in Montpere Road, the actual monuments were not found to be present. The conflict did not become apparent until the survey for the construction of the improvements (i.e., roads, storm drains, sewers, etc.). Please place this matter before the city council on January 15, 1986. If there are any questions, please call me. cc: Mr. John Chu Mr. Al Woolworth Very truly yours, ,6/ue.(;//7 ///6, Marius E. Nelsen President, M. E. Nelsen Engineering and Construction, Inc. RCE 20597 i'i H11111111 �11111r11 nivym:lrrs r wighlE Imams Ii ia .1111111 1 uhhhIs11111: 4* it l■ 11 Y i :IE! whin ean i's 111 ;novo /111/ r,.. Ili■ timuneei 404eark m 11 CI Whinn 1111.m..sing 11 1111 1 111111 wsxba.rr w.0 MARSHAL(. LANE A Nip wall= V I A" inn se iii i J .ii tolg si r61? 15 q(0 BRAty 1798 SITS AGENDA BILL NO. DEPARTMENT: Issue Summary: Recommendation: Fiscal Impacts: Council Action: 1/15: Approved. l CITY OF SARATOGA DATE: January 15, 1986 C. Atty. SUBJECT: Village Library Lease Renewal Initial: Dept. Hd. Community Services C. Mgr. Last year the City Council entered into a one year lease agreement with the Friends of the Library and the Valley Institutnof Theatre Arts (VITA) for lease of the Sheldon P. Patterson Memorial Library (Village Library). The lease expires on January 31, 1986. Provide direction to staff concerning the renewal of the lease and any changes in terms and conditions. If renewal of the lease is desired, authorization for the City Manager to execute the lease in behalf of the City is requested. The existing lease provides $3,601 in revenue to the City annually. Council allocated $7,000 in HCDA funds for improvements to the structure. An additional allocation (between $1,250 and $6,130) will probably.be needed_.to complete _the project. Maintenance personnel estimate they have been spending between $400 to $600 per year maintaining.the: biiildi_m but warn that major improvements will_ be needed in the near future (see attached report): Exhibits /Attachments: 1. Report from Community Services Director _Report from Maintenance; Department 3. Existing Lease Agreement SUBJECT: Tbdd W. Angow Community Services Director cpcs REPORT TO MAYOR AND CITY COUNCIL VILLAGE LIBRARY LEASE RENEWAL DATE: 1/7/86 COUNCIL MEETING: 1/15/86 Last year the City Council entered into a one year lease agreement with the Friends of the Library (Friends) and the Valley Institute of Theatre Arts (VITA) for lease of the Sheldon P. Patterson Memorial Library (Village Library). The lease expires on January 31, 1986. The current lease provides for VITA to pay $300 per month rent. The Friends pay $1.00 per year as rent. This generates $3,601.00 per year in revenue to the City. In the past, the City has only spent approximately $400 per year in maintenance. The result of the deferred maintenance is that the building is now in a very deteri- orated state (note attached memorandum from the Maintenance Department). In the current fiscal year budget, Council allocated $7,000 in HCDA funds to make the rest roan and building accessible to the disabled. This project will cost at least $8,250. to accomplish, and may cost as mooch as $13,130. Staff will be coming back to Council outlining three project alternatives and the associated cost of each alternative. The point is the HCDA allocation is going to require a supplement of between $1,250 and $6,130,,; depending on the alternative selected. The maintenance items identified on the attached memorandum have not been cost estimated by Maintenance personnel (cost estimates are in progress and will be available when the City puts together next year's budget). What is known is that the items are not eligible for HCDA funding, and the repairs will cost in excess of $10,000. Another problem is that the Valley Institute of Theatre Arts (VITA)is $1,200 behind in their rental payments. They report a slower- than- anticipated summer resulting in a corresponding loss of revenue. They have agreed to start paying $450 each month ($150 per month over the rent obligation) to the City until their debt obli- gation is eliminated, which will take eight months. Council direction is needed if any terms of the current lease agreement are to be changed for the new lease year. UTIVW ©2 0 'V Ce3 MEMORANDUM TO: Director of Community Services FROM: Parks and Building Supervisor SUBJECT: Oak Street Historical Site Building 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 867 -3438 DATE: January 7, 1986 The following repair was done on this building in 83 -84: Electrical $260, roof $173. No work yet this year by outside contractors. We have approx- imately 20 hours of maintenance so far this year at $20.00 per hour for a total of $400.00. This covers minor maintenance and repair that is done in house. In checking the building the following should be considered in order for the building to be usable and put into fairly good condition: The outside of the building needs to be resurfaced and the deteriorated concrete repaired around the windows. All the windows need to be recaulked and weather stripped. Facing the building, the cypress needs to be pruned because it is crushing the gutter and that needs to be replaced. All wood surfaces need to be repainted. On the inside, the air conditioner needs replacement, as the old one doesn't work. Approximately $500 for replacement. Where moisture has come into the building the sheet rock needs to be replaced and cracks in window casements need sealing. Some form of interior window covers need to be installed to reduce heat loss through these large window areas on the Vita side. Con- sideration should also be given to putting carpeting throughout to also help in the heating of the building. This is of course a generalization and firm figures would have to come from contractors who would be able to access professionally what action needs to be taken to preserve the building and the cost of this endeavor. Roy wanson Parks and Building Supervisor RS /st VILLAGE LIBRARY LEASE of this lease, without deduction, offset, prior notice or demand, the sum of $1.00 as rent for the entire term of this lease. Said This lease is entered into in the City of Saratoga, County of Santa Clara, State of California, by and between the City of SaratogE a municipal corporation (Landlord /Lessor to this lease), and the Friends of the Saratoga Libraries, and Valley Institute of Theatre Arts, as co- tenants (tenants /lessees to this lease). 1. Premises. Landlord hereby leases and tenants hereby rent the following described property, hereinafter called "premises The Saratoga Village Library Building, located at 14410 Oak Street, Saratoga, California, comprising an area of approximately 1622 square feet. 2. Term. The term of this lease shall be for a period of one (1) year. The term of this lease, and tenants' obligation to pay rent, shall commence on February 1, 1985, and continue through January 31, 1986, in accordance with the terms herein, unless sooner terminated as hereinafter provided. 3. Tenant Valley Institute of Theatre Arts shall pay to Landlord as rent in advance on the 1st day of each calendar month of the term of this lease, without deduction, offset, prior notice or demand the sum of Three Hundred Dollars ($300.00) per month, in lawful money of the United States. Tenant Friends of the Saratoga Libraries shall pay Landlord as rent in advance on the first day of the term rent payments are to be made payable to the City of Saratoga and are to be delivered to the offices of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California 95070. If the 1st day of the month falls on a holiday, Saturday, or. Sunday, payment must be made on the following business day. Any payment received more than ten (10) days after its due date, or which is not honored and is returned to the Landlord, shall be subject to a Ten Dollar ($10.00) per day penalty to be assessed from the due date of the payment in question. 4. Security Deposit. Each tenant has placed on deposit with the Landlord the sum of $300; as a cash security deposit. Each tenant has placed on deposit with the Landlord a note in the sum of $700 as additional security deposit. The total sum of the security deposit is $1,000 for each tenant. If at any time during the term hereof tenants should fail to perform any of their obligations under this lease, Landlord, without notice, may appropriate and apply any portion of the security deposit as may be reasonably necessary to fulfill tenant's obligations Upon notification by Landlord to tenants of such appropriation, tenants shall remit to Landlord an amount in cash equal to the amount expended in order to restore said security deposit to the original sum. In the event each tenant shall fully comply with all the terms of this lease, the security deposited by each tenant shall be returned to each tenant within fifteen (15) days after the termina- tion of their tenancy and after delivery of the premises to Landlord with the required` notice. The amount refunded shall not include interest. 5.1. Use. Tenant the Friends of the Saratoga Libraries shall use and occupy the premises during the term for the operation of a used bookstore; benefit receptions; for promotional events such as, but not confined to, reduced price sales poetry readings, children's story hours, book review 'sessions, autograph sessions, Great Book Seminars; meetings, and other similar and related uses and for no other purpose Tenant Valley without the prior written Institute of Theatre Arts shall use and occupy the premises during the term for general administrative office purposes; board, staff and production meetings; ticket sales; display of theater artifacts; benefit receptions; class registration; occasional seminars, classes and dramatic readings; and other similar and re- lated uses (excluding no other purpose without the prior written consent of the Landlord. Tenants shall not use or permit the premises or any part thereof to be used for any purpose or purposes other than the purpose or purposes for which the premises are leased. consent of the set construction and repair); and for -3- Landlord. The co- tenants of the premises will schedule special events to their mutual convenience so that each tenant may conduct its regular business without undue inconvenience from the activities of the other and without needing to consult the Landlord. 5.2. No use shall be made or permitted to be made of the premisE or acts done which will increase the existing rate of insurance on the premises, building, or any of its contents, or cause the can- cellation of any insurance policy covering the premises, building, or any part thereof. If any act on the part of the Tenants or use of the premises by Tenants shall cause, directly or indirectly, any of any of the laws, ordinances, regulations or rules of any public authority or organization at any time. Any such violation shall be determined by the Landlord at the Landlord's some discretion. -4- increase of Landlord's insurance, such additional expense shall be paid by Tenants to Landlord upon demand. Tenants shall not sell or permit to be kept, used or sold in or about the premises any article which may be prohibited by the standard form of fire insurance policies. Tenants shall not permit any person to smoke in or about the premises. 5.3. Tenants shall not commit or suffer to be committed any waste upon the premises or any public or private nuisance or any other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the premises are located. Tenants shall not use the premises or permit the premises to be used in whole or in part for any purpose or use that is deemed to be in violation 5.4. Landlord shall have the right from time to time to pre- scribe reasonable rules and regulations which in its judgement may be appropriate for the use of the premises and the building. Upon notification to Tenants of such rules, Tenants agree to comply there- with and any failure to so comply shall constitute a default under this lease. 6. Utilities. Landlord, at its expense, has provided adequate sewer, water, electricity, and gas lines, pipes, and conduits, to and from the leased premises. Tenants shall, during the term hereof, pay all charges for telephones, gas, electricity, water, heat, air conditioning, replacement of bulbs and flourescent tubes, window washing, janitorial and cleaning services, and removal of rubbish, trash, and garbage. 7.1. Assignment. Tenants shall not assign this lease volun- C tarily or by operation of law, or any right hereunder, nor sublet the premises or any part thereof, without the prior written consent of Landlord. C 7.2. No consent to any assignment of this lease, voluntarily or by operation of law, or any subletting of the premises, shall be deemed to be a consent to any subsequent assignment of this lease voluntarily or by operation of law, or to any subletting of the premises, except as to the specific instance covered thereby. Any such assignment of this lease, voluntarily or by operation of law, or any subletting of the premises, without obtaining the prior written consent of Landlord, shall be void and at the option of Landlord shall terminate this lease. -5- ing systems serving the leased premises. Tenants shall make all 8. Condition of Premises and Repairs. By accepting occupancy of the premises, Tenants shall be deemed to have agreed that the premises are in good order, condition and repair and Landlord makes no warranties or guarantees hereunder. Tenants, at their own expense, shall maintain in good order and repair all portions of the interior of the leased premises (including windows), but not including the roof and exterior walls, paving and landscaping, floor structure, pipes and conduits, and utility installations, all of which shall be maintained by the Landlord. The Landlord shall also be responsible for the upkeep, maintenance and repair of heating and air condition- repairs of every kind to the interior of the leased premises except repairs of a structural nature, or which are caused by structural failure. 9.1. Alterations. Tenants shall not make or permit to be made any alterations, repairs to, changes in, and additions to the premises (interior, exterior and adjacent landscaped areas) without the prior written consent of the Landlord. All alterations, repairs, changes and additions that may be required shall be done either by or under the direction of the Landlord at the cost of Tenants, and shall be- come immediately the property of Landlord and shall remain upon and be surrendered with the premises at the termination of the term of this lease. 9.2. All repairs to be made hereunder by Landlord shall be made with dispatch, and in such a manner and at such time as to cause the least inconvenience to Tenants in the conduct of their businesses. C Landlord may permit Tenants to undertake emergency repairs if and when such emergency repairs have been approved in advance by a duly authorized representative of the Landlord. All such repairs to be made by Landlord are subject to City of Saratoga budget constraints and may be the subject of review by the Saratoga City Council. The Saratoga City Council reserves the right to deny funding for repairs and seek termination of this lease agreement, as provided by the terms of this lease agreement. 9.3. Tenants, upon the termination of this lease or the expira- tion of the term hereof or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, an Act of God, or the elements excepted. Upon the termination of this lease or the expiration of the term or otherwise, Landlord shall have the option to require Tenants to remove from the premises, at Tenants' expense, all improve- ments placed on the premises by Tenants, including, but not limited to, incandescent light fixtures, tract lights, counters and cabinets, and the premises thereafter to be restored to its previous condi- tion, at the expense of Tenants. 9.4. Tenants shall keep the premises and building of which the premises are a part free and clear of any liens, and shall in- demnify, hold harmless and defend Landlord from any liens and encum- brances arising out of any work performed or materials furnished by or at the direction of Tenants. In the event any liens are filed, Tenants shall do all acts necessary to discharge any lien within ten (10) days of filing, or if Tenants desire to contest any lien, then -7- Tenants shall deposit with Landlord such 'security as Landlord shall demand to insure the payment of the lien claim. In the event Tenants f shall fail to pay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord shall have the right to expend all sums necessary to discharge the lien claim, and Tenants shall pay an additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any lien, including attorney's fees and costs. 10. Sictns. Tenants shall not place or permit to be placed in, upon, about or outside the said premises or any part of the building in which the premises are located, any signs without the prior written consent of Landlord. All exterior signs must be approved in advance by the City of Saratoga Community Development Department, and must meet applicable City zoning regulations. 11 Right of Entry. Landlord and its agents shall have the right at any reasonable time to enter upon the premises so long as it does not interfere with the business activities of the Tenants on the premises, for the purpose of inspection, serving or posting notices, maintaining the premises, making any necessary repairs, alterations or additions to any portion of the premises (including the erection and maintenance of scaffolding, partitions and repair euqipment as shall be required), complying with the laws, ordinances and regula- tions, protecting the premises, or for any other lawful purpose. Tenants waive any claim for damages, including loss of business, resulting therefrom. Liability Coverage: Public liability insurance in the minimum amount of $500,000.00 per tenant for loss from an accident result- ing in damage to or destruction of property, or for loss from an accident resulting in bodily injury to or death of one person. Fire Insurance: Fire and extended coverage insurance upon Tenants' fixtures, goods, wares and merchandise, in or upon the leased premises, with coverage in an amount of not less than $5,000. Additional Insureds: Landlord and Tenants agree that the other shall be named as an additional insured on the aforementioned policies of insurance. Subrogation Waiver: Landlord and `tenants agree that in the event of loss due to any of the perils for which they have agreed to provide insurance, that each party shall look solely to its insur- ance for recovery. Landlord and Tenants hereby grant to each other on behalf of any insurer providing respect to the demised premises, a rogation which any such insurer of insurance to either of them with waiver of any right of sub one party may acquire against the other by virtue of payment of any loss under such Tenants shall obtain a written obligation on the such insurance company to notify Landlord within ten writing of any delinquency in premium payments and tion of any such policy. Tenants agree if Tenants such insurance or keep the may take out the necessary insurance and Tenants shall repay to Landlord the amount such amount deemed to be additional rental and the next rental payment due. insurance. part of any (10) days in of any cancella- do not take out Landlord and pay the premium therefore having payable as such in same in full force and effect, so paid by 12. Liability and Indemnification. Landlord shall be free of all liabilities and claims for damage by reason of any injury or death to any person or persons, including Tenants, or property of any kind whatsoever and to whomsoever belonging, including Tenants, from any cause or causes whatsoever, including acts or omissions or other tenants in the building, during the term of this lease or any extension or renewal thereof, or any occupancy hereunder, and Tenants hereby agree to idemnify, save harmless and defend Landlord from all liability, damages, loss, costs and obligation, including court costs and attorney's fees, on account of or arising out of or alleged to have arisen out of, directly or indirectly, any such injuries, death, or losses, however occurring. Landlord shall not be responsible for any damage caused Tenants' property resulting from any malfunction from any mechanical, plumbing or electrical unit, connection or wiring hereunder nor from any leaks resulting from the structural members, including the roofing on building. Landlord makes no warranty or representations regarding the condition of any of the above, and Tenants, by taking occupancy hereof, are deemed to assume the premises on an as is basis. 13. Insurance. Each Tenant agrees to and shall within ten (10) days from the date of execution of this lease, secure from a good and responsible company or companies doing insurance business in the State of California, and maintain during the entire term of this lease, the following insurance coverage in a form satisfactory to Landlord: -9- C C Tenants shall deliver to Landlord copies of policies of lia"bilit- insurance required herein or certificates evidencing the existence anc amount of such insurance with loss payable clauses satisfactory to Landlord. Tenants shall give Landlord sixty (60) days' written notice of any intent to cancel or modify any policy hereunder. 14. Compliance with Laws and Rules. Tenants and Tenants's agents, servants, and employees, visitors and licensees shall observe adopted or which are care, protection, cleanliness, and proper and comply strictly with all reasonable rules adopted hereafter for the operation of the building and all the Tenants in the building. Land- lord shall have no obligation to Tenants as a result of the violation of any such rules by any Tenants or any other person. Landlord shall maintain a copy of such rules in the office of Landlord for inspection by Tenants at any reasonable time. All of such rules shall be deemed a material term to this lease. 15. Destruction. If the premises, or any portion thereof, are made untenantable by fire, the elements, or other casualty, the Land- lord will have a period of fourteen (14) days to repair damages. If repairs are not made within the fourteen (14) day period, following lapse of the fourteen (14) days, rent for the entire premises, or rent for the affected portion of the premises, shall abate from the date of such casualty to the date of restoration of tenantability. Under this condition, this lease may be telluinated by Landlord or Tenant with thirty (30) days' written notice. 16. Termination or Cancellation. Landlord may terminate this lease and take possession of the premises, all without waiving any rights which it may have at law hereunder, following any of these events (a) If a Tenant should fail to pay rent due hereunder within thirty (30) days following written notice of default therein; or (b) If Tenants shall fail to correct any violation of this lease agreement within thirty (30) days after written notice thereof. Landlord may terminate this lease following a decision of the Saratoga City Council to terminate. Landlord shall provide Tenants with ninety (90) days' written notice of such termination. The Saratoga City Council reserves the right to terminate the lease with one (1) Tenant and renegotiate a lease agreement with the remaining Tenant. In the event of any lease cancellation or termination of one (1) Tenant, the Landlord shall give a ninety (90) day notice of ter- mination to the remaining Tenant. The Landlord agrees to give the remaining Tenant first option to lease the entire premises for the remaining duration of the term of this lease upon such terms and conditions as may be negotiated and agreed upon at that time. This provision does not in any way obligate the Landlord to forfeit rental payments. Either Tenant may terminate this lease agreement by giving ninety (90) days' written notice to Landlord. Forfeiture of the -12- security deposit posted by the Tenant will be required. 17. Attorney's Fees. Should either party hereto institute any legal action to enforce any provision hereof the prevailing party in such action shall be entitled to receive from the losing party such amount as the court may adjudge to be reasonable attorn y fees and costs. 1 8. Holding Over. Any holding over after the expiration of the term of this lease by Tenants shall be deemed to be a tenancy from month to -month and except for the term thereof shall be on the same terms and conditions specified herein, so far as are applicable. 19. Waiver. The specified remedies to which Landlord or Tenants may resort under the terms of this lease are cumulative and not intended to be exclusive of any other remedies afforded by law. No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of Landlord, and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance of all or any portion of rent at any time shall not be deemed to be a waiver of any cov- enant, term or condition except as to the rent payment accepted. 20 Notice. All notices or demands of any kind required or desired to be given by Landlord or Tenants hereunder shall be in writing and shall be deemed delivered seventy -two (72) hours after depositing the notice or demand in the United States Mail 1 Postage prepaid, addressed to Tenants at the address of the premises, whether or not Tenants have departed therefrom, abandoned or vacated the premises, and as to Landlord, at 13777 Fruitvale Avenue, Saratoga, California 95070, or such other address as shall be designated by either party in compliance with the provisions of this paragraph, -13= 21. Attachments. The attachments listed below shall be attached to this lease agreement and shall be considered part of this lease agreement: (a) Diagram of space allocation. (b) Utility cost sharing agreement. 22. Entire Agreement. This lease, and the attachments hereto, represent the sole and entire agreement of the parties hereto, and all other agreements, discussions, representations, or negotiations, oral or written, express or implied, and merged herein and succeeded by this lease. Dated: Dated: 7 4 11 1 61 1,/,ES CITY OF SARATOGA munic 1 co By J ayne ernetz ty Manager FRIENDS OF THE SARATOGA LIBRARIES By VALLEY INSTITUTE OF THEATs ARTS By PA 1 L ire_ 44