HomeMy WebLinkAbout12-18-1996 CITY COUNCIL AGENDA.y .
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1 SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: December 18, 1996 CITY MGR.
If
ORIGINATING DEPT.: FINANCE
SUBJECT: 1996/97 BUDGET AMENDMENTS
Recommended Motion(s): Approve resolution amending the Fiscal Year
1996/97 Budget for Baylor Avenue Traffic Calming Study (Program
3038 - General Engineering) and Hakone Gardens Improvements
(Capital Project No. 9704).
Report Summary: Attached is a resolution transferring and
supplementing appropriations in the 1996/97 Budget for the
following two items: 1) Engineering services relative to the
traffic calming study and 2) Associated contract and project
management costs for Capital Project No. 9704. Also included with
the resolution are Budget Resolution Supporting Worksheet and
Resolutions Approved schedule.
City Council, at their January 15th meeting, authorized staff's
recommendation to fund the Baylor Avenue Traffic Calming Study in
the amount of $4,000 by transferring $3,500 in funds within
existing budgets (Program 2029 - Development Regulation and Program
3038 - General Engineering) and using $500 in unexpended
engineering fees (Program 3038 - General Engineering) . Approval of
this resolution authorizes the appropriate transfers. There is no
impact to General Fund balance as a result of this action.
At the same meeting, City Council authorized a new capital project
for improvements at Hakone Gardens (Project No. 9704) to paid from
reserves accumulated in the Park Development Fund. Approval of
this resolution establishes a supplemental appropriation and
increases the expenditure budget. There is a $105,000 increase in
appropriations and a corresponding decrease in available Park
Development Fund balance as a result of this action. A supporting
memorandum regarding this matter has been prepared by the Public
Works Director.
Fiscal Impact: Overall, expenditures will increase by $105,000.
No impact to General Fund balance as funds have previously been
appropriated. $105,000 reduction to the Park Development Fund
balance.
1
The unaudited fund balances as of 12131196 were:
1- General Fund $3,408,112
31 -Park Development Fund $1,921,473
Follow Up Actions: Post entries to system.
Consequences of Not Acting on the Recommended Motions: Unable to
complete traffic study or project as anticipated.
Attachments
c: \execsumm \exsm0131.9?
2
TO: Finance Director
FROM: Public Works Director
SUBJECT: New Capital Project
DATE: January 31, 1997
____________ ___ _
Please establish a new Capital Project in the current budget for
improvements at Hakone Gardens authorized by the City Council on
January 15. The Project will fund the replacement of the restroom
facilities at the Gardens ($100,000), and installation of a new
hand railing system along the upper pathway ($5,000). The
following summarizes information about the project which should
reflect in the budget resolution to be acted upon by the City
Council:
Project No. 9704
Project Name: Hakone Gardens Improvements
Funding Source: Park Development Fund (Fund 31) -
Undesignated Fund Balance
Expenditure Accounts: 4510 (Contract Services): $98,500
4525 (Architectural Services): $4,500
4545 (PW Inspection Services): $1,000
5320 (Advertising): $500
5330 (Printing /Binding): $500
TOTAL - $105,000
Attached to this memo are the Capital Project Budget Summary and
Expenditure Detail sheets which will be inserted into the budget
after adoption of the budget resolution, and a memo to me from the
Parks & Buildings Maintenance Superintendent discussing the hand
rail replacement element of the project in greater detail.
Please have the necessary budget resolution placed on the City
Council agenda for February 5. If there are any questions about
this, please let me know:
r.
T,arry T PPrl i n
_ J _
attachments: 1. Capital Project Budget Summary and Expenditure
Detail sheets.
2. Memo from Parks & Buildings Maintenance Sup't,
dated January 31.
CAPITAL PROJECT BUDGET SUMMARY
FY 1996-1998
PROJECT NO.: 9704 MANAGER: Public Works Director
PROJECT NAME: Hakone Gardens Improvements
PROJECT DESCRIPTION: This project funds the replacement of the restroom facilities and the
hand railing system along the upper pathway at the gardens. The objective is to improve
safety and access for visitors to the gardens and to reduce long term maintenance costs for
the City.
RESOURCES
FUND FY 95 -96 FY 96 -97 FY 97 -98
31 PARK DEVELOPMENT $0 $105,000 $0
TOTAL RESOURCES
$0
$105,000
$0
EXPENDITURE SUMMARY
EXPENDITURE AREA
Personnel
Design
Construction
Project Administration
Indirect Cost Allocation
FY 95 -96
$0
0
0
0
0
FY 96 -97
$0
5,500
99,500
0
0
FY 97 -98
$0
0
0
0
0
TOTAL EXPENSE $0 $105,000 $0
CAPITAL PROJECT EXPENDITURE DETAIL
PROJECT NO.: 9704
PROJECT NAME: Hakone Gardens Improvements
0
MANAGER: Public Works Director
ESTIMATED
FY 95-96
EXPENDITURE
APPROVED
FY 96-97
BUDGET
APPROVED
FY 97-98
BUDGET
0
0
TOTAL EXPENSE
$0
Personnel Total
$0
$0
$0
4525 ARCHITECTURAL SERVICES
5320 ADVERTISING
5330 PRINTING /BINDING
4,500
500
500
Design Total
0
5,500
0
4510 GENERAL CONTRACTS
4545 P.W. INSPECTION SERVICES
98,500
1,000
Construction Total
0
99,500
0
Project Administration Total
0
0
0
Indirect Cost Allocation
0
0
0
TOTAL EXPENSE
$0
$105,000
$0
T0: Public Works Director
FROM: Bob Rizzo, Parks & Buildings Maintenance Sup't.
SUBJECT: Hand Railing Replacement at Hakone Gardens
DATE: January 30, 1997
On August 7, 1996 City Council adopted the policy on use of the
Parks and Recreation Development Fund. Section 3 of the Policy,
Improvements to Existing Parks, calls for the replacement of the
hand rail system at the Hakone Gardens if existing rails are found
to be unsafe. Recently, staff surveyed the hand rail system which
runs along the upper pathway at the Gardens above the upper house
and pond area and determined that a number of the wooden post and
rails need to be replaced due to decay and rot. I recommend that
the City now consider replacement of the entire hand rail system
from the current wooden system to a metal system with a much
greater life cycle.
Each year it is necessary to replace approximately 25% of the
wooden hand rails along the pathways at a cost of roughly $1,000.
By replacing the 700 feet of rails to a metal system, we will
eliminate this maintenance expense for a number of years.
I Have obtained three (3) proposals from local contractors who
install metal railings and received the following response:
1) A&A Ornamental Iron and Welding $4,000
2) Ron Cotta Fencing Specialist 6,230
3) S &L Fence Company No Bid
(reason due to workload)
Based on this, I recommend that we obtain City Council approval to
issue a Purchase Order to A&A Ornamental to install the metal
railings at this time so that they are in place prior to the
beginning of spring and that we add this to the scope of the new
capital project for the replacement of the restrooms by increasing
the budget for the project by $5,000.
If you have any questions about this or need additional
information, please let me know,
1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2-90 AGENDA ITEM W.
MEETING DATE: December 18, 1996 CITY MGR.
ORIGINATING DEPT.: FINANCE
SUBJECT: 1996/97 BUDGET AMENDMENTS
Recommended Motion(s): Approve resolution amending the Fiscal Year
1996/97 Budget for Bicycle Network Plan Implementation - Phase 1
(Capital Project No. 9603).
Report Summary: Attached is a resolution amending revenues and
supplementing appropriations in the 1996/97 Budget for additional
Clean Air Grant funds and associated contract costs for Capital
Project No. 9603. Also included with the resolution are Budget
Resolution Supporting Worksheet and Resolutions Approved schedule.
A supporting memorandum regarding this matter has been prepared by
the Public Works Director.
Fiscal Impact: Revenues will increase by $4,832 and expenditures
by $1,034. Accordingly, the overall impact to the Environmental
Programs fund balance is an increase of $3,798.
The unaudited fund balance as of 11131196 was:
15- Environmental Programs $283,705
Follow Up Actions: Post entries to system.
Conseauences of Not Acting on the Recommended Motions: Unable to
complete project as anticipated.
Attachments
c: \execsumm \exsm1212.96
1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 2 09 b AGENDA ITE
MEETING DATE: DECEMBER 18,
1996
CITY
MGR.:
ORIGINATING DEPT.: PUBLIC
WORKS
DEPT.
HEAL
SUBJECT: Approval of Agreement with Coyote Creek Riparian Station
to provide Storm Water Management Program support
services
Recommended Motion(s):
Move to approve the Agreement.
Report Summary:
Summary:
Attached for Council's consideration is a proposed Agreement with
the Coyote Creek Riparian Station (CCRS) of Alviso to provide a
variety of services in support of the City's storm water
management program. There are no up front, minimum or
contractual costs for which the City would be obligated by
entering into the Agreement. Rather, the Agreement contemplates
utilizing CCRS staff on an as- needed retainer basis to supplement
the City's own storm water (non -point source) program efforts.
Coyote Creek Riparian Station:
CCRS is a community supported, non - partisan, not for profit
environmental organization devoted to the Conduct of research,
restoration, management, and education regarding riparian
habitat. It was organized in 1982 as a field station for the
study of migratory land birds and was part of the San Francisco
Bay Bird Observatory. It operates under the direction of Dr. L.
Richard Mewaldt, Professor of Zoology at San Jose State
University, and became a non - profit research institution in 1986.
With over 500 members and many more volunteers, CCRS,collects and
analyzes biological data, and disseminates information to local,
state and federal agencies as well as the general public.
Currently, CCRS provides contract services to the Santa Clara
Valley Water District, the San Jose /Santa Clara POTW, U.S. Fish &
Wildlife Service, California Dept. of Fish & Game, and the San
Francisco Bay National Wildlife Refuge. More recently, CCRS has
developed programs which complement the nonpoint source pollution
control efforts currently underway in Santa Clara County.
Prior accomplishments in Saratoga:
Over the past year, CCRS has actively engaged in various outreach
activities within Saratoga through three of their programs;
Community Creek Watch, StreamKeepers, and Riparian Outreach
Specialist. Funding for these efforts thus far has been provided
primarily by the Bay Area Stormwater Management, Agencies
Association (BASMAA), and the Santa Clara Valley Water District.
The Community Creek Watch program has completed detailed habitat
and outfall /impact mapping and biological assessments of Saratoga
Creek using trained volunteers from the community. A Saratoga
Creek Watershed brochure describing the biological and historical
resources of the watershed, as well as providing tools for
pollution reduction and reporting, was developed and distributed
in the community.
The StreamKeepers program has developed pollution detection and
reporting packets for the general public's use by incorporating
the outfall and pollution impact maps and other available,NPS
related materials. StreamKeepers presented this information to
the public through a workshop last February and at the Watershed
Festival held in Wildwood Park last May.
The Riparian Outreach Specialist (ROS) program has provided
information and education directly to streamside residents. The
ROS makes door -to -door contact with these residents providing
materials developed through the Community Creek Watch and
StreamKeepers programs, other publications such as the Water
District's Stream Care Guide, various NPS related brochures and
materials, and educational and informational materials for adults
and children. During a ten week trial period of the ROS program
along Saratoga Creek earlier this year, the program produced the
following results:
• 383 streamside residents were directly contacted.
• 84W of those contacted accepted informational materials.
0 22% of those contacted agreed to participate in Long term
creek stewardship activities including documentation and
reporting of wildlife sightings and pollution incidents to
the ROS.
Proposed Agreement:
The proposed Agreement is intended to build on the high level of
community awareness and involvement in creek related issues
generated by CCRS's previous efforts working in Saratoga. This
would be done by expanding the scope of the ROS program to
provide response and follow -up services which would complement
the City's own incident response activities. While overall, the
City responds to reported discharge incidents in a competent and
effective manner, there is, in my opinion, a lack of adequate
follow -up for certain incidents which is primarily due to
insufficient staff resources. The expanded ROS program, under
the terms of the proposed Agreement, would fill this occasional
void.
The Scope of Services in the Agreement is written to be flexible
enough so that CCRS may be retained to provide a wide variety of
services for the City. These may range from assisting with
source detection and identification during an incident response,
to providing follow -up communication and education after an
incident. CCRS could also be retained to perform special field
investigations which could otherwise not be performed by City
staff, and to develop and carry out activities which facilitate
community participation in pollution prevention and detection
activities.
All of the services which CCRS would perform for the City would
implement various elements of the City's Storm Water Management
Plan (SWMP) such as Public Information and Participation (PIP),
Illicit Connection and Illegal Dumping Elimination (IC /ID), and
Public Agency Activities (PAA). Recall that the SWMP is an
integral part of the City's NPDES Permit.
Conclusion:
In the long run, I view the proposed Agreement with CCRS as a
first step towards the development of a storm water management
program in Saratoga which achieves its success more through
community awareness and involvement, and less through government
action (reaction) and regulation. Future steps along these lines
could involve entering into additional agreements with CCRS to
expand both the Community Creek Watch and StreamKeepers programs
in Saratoga either directly or through the West Malley Cities
Clean Water Program. These actions will begin to gradually shift
the focus of the City's stormwater management efforts to a
program which is based on preventing pollution at its source,
rather than dealing with it after it has already occurred. This
is not only preferable from an environmental`standpoirit, but it
will reduce the City's costs of coping with urban runoff
pollution over time. In fact, this is one of the fundamental
strategies behind the so- called "Watershed Management Initiative
(WMI)" recently unveiled by the Regional Water Quality Control
Board which is expected to be the driving force behind the
Board's future efforts to administer the NPDES requirements of
the Clean Water Act.
This depends on the extent to which the CCRS would be utilized by
the City. It is estimated that the range of costs which CCRS
would incur for a single incident response /follow -up is from $150
to $1,500. In a typical year, I would not anticipate CCRS's
costs to exceed $5,000. Sufficient funds to cover such costs are
programmed in the adopted budget in Activity 28 (Storm Water
Management), Account 4510 (Contract Services).
Advertising Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
The Agreement would not be approved and CCRS would not provide
the contemplated services for the City.
Follow Up Actions:
The Agreement will be signed.
Attachments:
1. Proposed Agreement.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY N0.
MEETING DATE: DECEMBER 18, 1996
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM 5A
CITY MGR .:IkT %F o,ZZO `—
DEPT. HEAD: ,
SUBJECT: Grant of Easement in connection with DR 96 -013 (18929
Monte Vista Drive)
Move to approve the Grant of Easement and authorize the City
Manager to execute the Grant Deed.
Report Summary:
The Planning Commission, on June 12, granted Design Review
approval for a new home at 18929 Monte Vista Drive (DR 96 -013).
The approval was granted under the premise that access to the lot
would be from the public portion of Monte Vista Drive off Quito
Road through 'tract 3219 (Montewood). A one foot reserve strip at
the end of Monte Vista Drive was dedicated to the City by the
developer of Tract 3219 and accepted by the City upon the
recordation of the subdivision map. In order to comply with the
Planning Commission's condition for access to the lot, the City
would need to grant an ingress /egress easement to the owner of
the lot across the reserve strip.
The attached Grant Deed, if approved, would grant the requisite
easements for accessing the lots at 18927 and 18929 Monte Vista
Drive, both of which share a common driveway, across the reserve
strip. Additionally, the easement would allow for utility
services for both lots to cross the reserve strip. As staff
supported the Planning Commission's action, it is recommended
that the Council approve the grant of the easements and authorize
the City manager to sign the Grant Deed on behalf of the City.
Fiscal Impacts:
None. The Grant Deed will be recorded by the applicant.
Advertising. Noticing and Public Contact:
Nothing additional.
The grant of easements would not be approved and the Grant Deed
would not be signed. In this event, the owners of the two lots
could not access their properties from the public portion of
Monte Vista Drive.
The Grant Deed will be signed and recorded by the applicant.
Attachments:
1. Grant Deed with exhibits.
2. Planning Commission Resolution DR 96 -013 (Condition 3c).
3. Vicinity Map.
. RECORDING REQUESTED BY
ORDER M
422838 -
APN 397 -08 -093
WHEN RECORDED MAIL TO
Name r James W. Foley & Michael E.
Street
Foley et al
Address c/o R & Z Development Co
city 1601 S. DeAnza Blvd. Suite 101
state Cupertino, CA 95014
Zip l— J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Grant Deed
The undersigned grantor(s) declare(s):
Documentary transfer tax is S -0_- ...................._Easement Grant
( X) computed on full value of property. conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: (X ) City of........ Sarat og a .......................................................................... ...............................
................
( ) Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of -which is hereby acknowledged,
City of Saratoga
hereby GRANT(S) to James W. Foley and Michael E. Foley, Co- Trustees of the James W.
Foley Revocable Living Trust, dated August 23, 1990 and James W. Foley, Jr. and
Suzanne Foley, husband and wife, as Comnnuzity Property
that property in the City of Saratoga, Santa Clara County, State of California,
described as:
Property is described on Exhibit A attached hereto and made a part hereof.
Mail Tax Statements to Grantee at address above
Date December 9, 1996
City of Saratoga
STATE OF CALIFORNIA
COUNTY OF
On before me, the
undersigned, a Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in
his/her /their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the persons)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Name
(typed or printed)
FrGIS- 140 8/94
MAIL TAX STATEMENTS AS DIRECTED ABOVE
(This area for official notarial seal)
j
� 11:
Legal Description
A non - exclusive easement for ingress and egress; installation and maintenance of public
and private utilities and storm drainage over that certain one foot strip of land the
Northerly terminus of Monte Vista Drive as shown on that certain Tract Map No. 3219
"Montewood," recorded in Book 151 of Maps, at pages 7, 8, and 9, in the office of the
County Recorder of the County of Santa Clara, State of California.
This easement shall be appurtenant to Parcels A and B as the same is designated and
delineated upon that certain Parcel Map, recorded in the office of the Recorder of
Santa Clara County on June 6, 1985 in Book 544 of Maps, Pages 14 and 15, Recorder's
file number 8430719.
/66 ?9
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TRACT N0. 39C. 19
,„ Foe ..L�eoeo�fc
CONSISTING. OF THREE SHEETS
/.
-" PORTl.ONS OF LOTS I AND 2 OF. _S.ECTION 17,
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OF LOT,, OF SECTION 8` AND A :PORTION OF
4 CAF SECTION 8,. ALL. 1N T0WNSH.IP 8
RANGE I W EST ..M: D B: a M.
A PORTION
THE S. W.
SOUTH,
�.
Y-1 NG: V ITHIN THE:.,,. TCIY'O FD SARATOGA
ao� SANTA CLARA COUNTY, CALIFORNIA
Qt
• \ �� o:..
SCALE 1 %60' o
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\\ , ;o SE. Mark ThomaS. a Co. Inc.
CIVIL ENGINEERS. 8v SURVEYORS
SAN JOSE, CALIFORNIA
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M AY, 1962
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File No. DR -96 -013; 18929 Monte Vista Drive
3. Prior to issuance of a Zoning Clearance:
a. The barricade design and exact location shall be approved
by both the Central Fire District and the Communitv
Development Director. If any portion of the barricade
encroaches onto the adjacent property, the consent of the
adjacent property owner shall be required and an easement
to allow the structure's location shall be recorded.
b. The applicant shall enter into a maintenance agreement
with the City of Saratoga which states that the owner of
the property located at 18929 Monte Vista Drive will
provide all necessary maintenance for the new barricade.
The agreement shall be recorded with the County of Santa
Clara and will run with the land.
C. The City of Saratoga shall grant an easement to the
property owners of 18927 and 18929 Monte Vista Drive for
pedestrian and vehicular access over the one foot strip
of land dedicated to the City of Saratoga and located at
the northernmost point of the public portion of Monte
Vista Drive. The aforementioned easement shall become
operative once the existing driveway is removed.
4. The barricade between the private and public portions of Monte
Vista Drive shall be in place at all times to prevent through
access before, during and after construction.
5. Implementation of the alternative barricade locations or any
future changes to the approved access from the public portion
of Monte Vista Drive shall be subject to the review and
approval of the Community Development Director. If barricade
alternative #1 is utilized, replacement trees equivalent to
the value of tree #4 shall be required.
6. All requirements of the City Arborist's Report dated 4/3/96
shall be met. This includes, but is not limited to:
a. Prior to issuance .f a Zoning Clearance the site plan
shall be revised to indicate the following:
• Five (5) ft. chain link tree protective fencing
shall be shown on the site plan as recommended by
the Arborist, with a note "to remain in place
throughout construction." Tree protective fencing
shall be placed on the property to the south, as
recommended by the Arborist, unless the adjoining
property owner objects to its location.
• Trenching for ?-,�e new PG &E line to serve parcel A
shall be relo( ..ted to maint�lin a minimum of 10
41
REPORT TO THE PLANNING COMMISSION
Application No. /Location: DR -96 -013; 18929 Monte vista Drive
Applicant/ Owner: FOLEY
Staff Planner: Anne Dailey
Date: Tune 12, 1996
APN: 397-08-093 Director Approval:
A
PM PROW
.;A
.G"���1
�► , a A Two -story Residences
1-8929 Monte Vista Drive
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. Z
MEETING DATE: DECEMBER 18, 1996
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA ITEM
CITY MGR.:
DEPT. HEAD:
SUBJECT: Amendments to License Agreement with Chevron USA, Inc.
authorizing installation of groundwater monitoring wells
on City -owned property
Move to approve the Lease Agreement and authorize its execution
by the Mayor.
The attached Lease Agreement, which amends the original (1991)
agreement with Chevron USA, Inc., is identical to the agreement
approved by the City Council on November 20 (see attached report)
except for the addition of a fourth monitoring well on the
Village Library property located at 14410 Oak Street directly
across from the former service station site. Because the revised
agreement would grant additional license to Chevron to use City
owned property, it too must be approved by the City Council.
Fiscal Impacts:
None.
Advertising. Noticing and Public Contact:
Nothing additional.
Conseauences of Not Acting on tie Recommended Motions:
The agreement would not be approved and Chevron would not be
authorized to install the fourth well on the Village Library
property.
1X*"X*7ZR • e
The agreement will be signed by both Chevron and the City.
0
Attachments:
1. Staff report dated November 20, 1996.
2. Amended Lease Agreement with exhibits
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: NOVEMBER 20, 1996
ORIGINATING DEPT.: PUBLIC WORKS
AGENDA- IT]
CITY MGR.
DEPT. HEAL
SUBJECT: Amendments to License Agreement with Chevron USA, Inc.
installation of groundwater monitoring wells
on City -owned property
Recommended Motion(s):
Move to approve the License Agreement and authorize its execution
by the Mayor.
Report Summary:
In 1991, the City Council approved a License Agreement
authorizing Chevron USA, Inc. to install one groundwater
monitoring well in the Memorial Arch Park behind the Saratoga
Fire station. The well is part of a network of wells installed
downgradient of the former gas station located on the corner of
Oak Street and Saratoga -Los Gatos'Road. The wells are an
integral component of a groundwater remediation project
undertaken by Chevron in response to the discovery of leaking
underground storage tanks on the gas station site during closure
of the station..
The Regional Water Quality Control Board (RWQCB), which is
providing oversight of the case, has recently directed Chevron to
install several additional monitoring wells as part of the final
phase of the remediation project. Two of these wells are
proposed to be located on City owned property; one in the
northerly corner of Blaney Plaza, and the other in the driveway
leading to Village Parking District 3 alongside the Downey
Savings property. Staff has met with Chevron's consultants to
view the proposed well sites and believes that neither their
location nor the future activities which will be carried out in
connection with the wells will in any way interfere with the use
of the City's property.
Consequently, the City Attorney has prepared.an amended Lease
Agreement (attached) which, if approved, would authorize Chevron
to install the two additional wells. Additionally, provision 9
of Exhibit B has been added to the Agreement to require the
removal of the wells upon completion of the remediation project.
This requirement was not part of _the original Agreement. If the
Agreement is approved, Chevron's consultants have indicated that
they would be installing the wells within the next few weeks. It
is expected that the wells would remain in place for at least
another year.
Fiscal impacts:
None. Installation, monitoring, and destruction of the wells are
all the responsibility of Chevron.
Advertising. Noticing and Public Contact:
Nothing additional.
Consequences of Not Acting on the Recommended Motions:
The amended Lease Agreement would not be approved and Chevron
would not be authorized to install the two additional wells on
City property.
Follow Up Actions:
Chevron will sign the Agreement first, followed by the City.
Attachments:
1. Amended Lease Agreement with Exhibit.
2. Letter from Chevron USA, Inc. dated November 6.
n
1.
LICENSE AGREEMENT
This license agreement is made at Saratoga, California, by and between the
City of Saratoga, a municipal corporation, ( "City "), and CHEVRON U.S.A., Inc., a.
Pennsylvania Corporation, ( "Licensee ").
City and Licensee agree as follows:
PURPOSE: This license agreement is made for the convenience of the
Licensee and for the benefit of the City. The parties hereto expressly find and declare
that it is to the public's benefit for City to permit Licensee, by virtue of this
agreement, to use the property of City for the purposes enumerated herein.
2. GRANT OF LICENSE: City grants to Licensee a revocable license to
enter upon and use the property of the City commonly known as the Memorial Arch
Park, Blaney Plaza, Village Parking District No. 3, and the Village Library, all as
indicated in Exhibit A, which is attached hereto and incorporated herein by this
reference.
3. USE OF LICENSED PROPERTY: Licensee shall have the nonexclusive
right to use the subject property for the sole purposes described in Exhibit B, which is
attached hereto and incorporated herein by this reference, and for no other purposes.
Without written consent of the City Manager, any change in use or alteration of
design or layout of improvements from that which may be described in Exhibit B
1
shall, without limiting the terms of paragraph 5, be cause for revocation of this
license by City.
4. TERM: The term of this license shall be for the period set forth in
Exhibit B'commencing on the date of this agreement, subject to the provisions of
paragraph 5.
5. REVOCATION: City reserves the right to revoke the license herein
granted for any breach of this license agreement or for any act or omission on the
part of Licensee contrary to the public interest in the sole, exclusive, and absolute
determination of the City. Notice of revocation pursuant to this paragraph shall be
served upon the Licensee in writing, and Licensee shall vacate the licensed property
and remove all improvements thereon within 5 days of receipt thereof.
6. HOLD HARMLESS: Licensee shall be liable to City, its officers, agents
and employees for and indemnify City against any and all loss and liability which
may result to City from any negligent act or omission of Licensee in the exercise of its
rights hereunder.
7. SPECIAL TERMS: In addition to the provisions of this license
agreement, the following special terms shall apply:
A. Public Liability and Property Damage Insurance. Licensee, at its
sole expense, shall take out and maintain in the name of the Licensee and the City
during the life of the agreement, such Public Liability Insurance, issued by an
2
admitted insurer or insurers, as defined by the California Insurance Code, as shall
protect itself, the City, its officials, officers, council, boards, commissions, employees
and agents, any subcontractors, or anyone directly or indirectly employed by either of
them. This liability insurance shall include, but shall not be limited to, protection
against claims arising from bodily and personal injury and damage to property,
resulting from the subdivider's, City's or subcontractor's operations, use of owned or
non -owned automobiles, products, and completed operations. The amounts of
insurance shall not be less than the following:
(1) Single limit coverage applying to bodily and personal injury liability and
property damage: $1,000,000.00.
(2) If the insurance policy covers on an "accident basis ", it must be change
to "occurrence ".
(3) The policy must cover personal injury as well as bodily injury.
(4) The policy must cover complete contractual liability. Exclusions of
contractual liability-as to bodily injuries, personal injuries and property
damage must be eliminated from the basic policy endorsements.
(5) Broad form property damage liability must be afforded.
(6) The City must be a named insured under the coverage afforded.
(7) An endorsement shall be provided which states that the coverage is
primary insurance and that no other insurance effected by the City will
be called upon to contribute to a loss under this coverage.
(8) The policy must include a standard form of cross liability and an
unconditional notice of cancellation. Should the policy or policies be
canceled before the expiration date thereof, the issuing company shall
mail 30 days written notice to the City.
B. In lieu of Public Liability and Property Damage Insurance, Licensee
has submitted to the City evidence of self insurance. Such evidence has been
approved as to form by the City Attorney.
C. Certificate of Insurance. Licensee shall complete and file, or cause to
be completed and filed with the City Clerk ten (10) days prior to City approval
hereof a certificate of insurance showing the coverages required in paragraph 7 of this
agreement.
8. Supersedes Prior Licenses. This license agreement supersedes and
renders null and void any prior license agreement issued to Licensee for the purposes
set forth herein.
Attest:
Deputy City Clerk
CITY OF SARATOGA, a municipal
corporation
M
4
LICENSEE
Approved as to form:
Ia
City Attorney
MSR:dsp
November 22, 1996
J: \WPD\MNRSW\273\AGREE \CHEVRON.96
B- 1 RP -
s o
Forking Lot Bf
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Z
�V -2
Former T y ` = 0 scale in feet 50
d RP -1 r `
y I ' 1
injection blawer� i
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and r
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City of Sarmogo 1 1 O
Property = N
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6 Vtl C �C a
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I •. r.
_J • _.4., _ = • - Former lL
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r I��V -1 �E -1
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_ �B- 4 /VE -5 tR 4 •:F •i S
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9
Saratoga - LOS GatoS Road
Driveway to Public Parking Area
t
Blaney Plaza
(City Park)
Re 5.
1
Based on RMT• Inc. map dated May, 1991
Y parlr�grch Mw -6,&
Legend
• >�";R•.e v.cll o boring
s monitoring /e.troction well abandoned well Lte D MONITORING WELL LOCATIONS
rmer Chevron Station 9 -7398
® proposed monitoring well 742 Los Gatos - Sorotoga Road
Saratoga, California
30 -0218 Drawn CMG
11/ 7/96 Revision 1 °= 60' Checked
t E Figure
1651 Alvarado Street
VA C San Leandro , CA 94577
(510) 351 -8900 Fax: -0221
i
O
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injection blc.<r�
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Saratoga Los Gatos Road
Legend
well o boring
• ,,r.ito6nq/tr.cti,n ell abandoned lilIll
,& proposed monitoring well
R
0
DR - I C";. ic. C,,,e,.
n
Is Mtiq,e shop
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st.60.
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ney Plaza
(BC[91y"ParUl-)'�-
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B.jed on RIAT. In, p Wed May. 1<
PROPOSED MONITORING WELL
Former Chevron Station 9-7
20742 Los Gotos -Saratoga R
Saratoga. California
Froiect 1 30-0 la Drawn
Date 11/7/96 Revisior
Scale 1 3o' Checke(
;BY 7. •
EXHIBIT "B"
1. Drill and install four monitoring wells at the southern end of the Memorial
Arch Park, shown as boring RP -6, the northerly corner of Blaney Plaza shown as
boring MW -6, the driveway entrance to Village Parking District No. 3 adjacent to
14409 Big Basin Way, shown as boring MW -7, and the sidewalk entrance to 14410
Oak St.; shown as boring MW -5, all as shown on Exhibit "A ". The exact location of
the wells shall be subject to the sole determination of the City.
2. In order -to drill boring and install the monitoring wells, Licensee and its
contractors shall be allowed access rights at an agreed upon location and time,
including the right of entrance for a truck- mounted drilling rig and necessary support
equipment and personnel.
3. Licensee shall have the right to collect soil and water samples from the borings
and perform quarterly monitoring.
4. The wells shall have a lockable cover (similar to a manhole cover) and will be
installed flush with grade to minimize its effect on the use and appearance of the
property.
5. The borings shall be advanced to a depth of 10 feet below the water table.
6. Upon completion of the installation of the monitoring wells, the area will be
returned to the extent possible to their former condition, including repair and
replacement of any pairing and replacement of any vegetation damaged by the
activities described in this Exhibit "B ".
7. All waste soils and water shall be containerized in 55 gallon drums and
disposed of by Licensee at authorized waste disposal facilities.
8. All drilling, sampling and monitoring costs shall be the responsibility of
Licensee.
9. Within sixty (60) days of receipt from the Santa Clara Valley Water District
of notice that the remediation project is complete, the wells shall be destroyed in
accordance with the standards and requirements of the District.
l
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY N0. 2 1pc)-�
MEETING DATE: DECEMBER 18, 1996
ORIGINATING DEPT.: PUBLIC WORKS
SUBJECT: 1996 Pavement Management
Traffic Signal (Capital
Acceptance and Notice of
AGENDA ITEM�O
CITY MGR.
DEP' T . HEAD':
Program and Saratoga Avenue
Project No. 9605) - Final
Completion
Move to accept both projects as complete and authorize staff to
record the Notices of Completion for the construction contracts.
All work on both the 1996 Pavement Management Program and the
Saratoga Avenue Traffic Signal Project (Capital Project No. 9605)
has been Completed by the City's contractors, C. F. Archibald
Paving, Inc., and Richard A. Heaps Electrical Contractor, Inc.,
respectively, and inspected by Public Works staff. The final
construction contract amount for the Pavement Management Program
was $705,382, which is less than Z% above the awarded contract
amount of $704,362. The additional cost was primarily due to
differences in estimated and final pay quantities for unit price
work. For the signal project, the final construction contract
amount was $89,611 which is 1.4% above the awarded contract amount
of $88,395. The additional costs on this project were due to extra
trenching required to install the interconnect cables between the
Fruitvale and Scotland signals.
In order to close out both construction contracts and begin the one
year maintenance /warranty periods, it is recommended that the
Council accept both projects as complete. Further, it is
recommended that the Council authorize staff to record the attached
Notices of Completion for the construction contracts so that the
requisite 30 day Stop Notice periods for the filing of claims by
subcontractors or material providers may commence.
Fiscal Impacts:
The ten percent retention withheld from previous payments to both
contractors will be released 30 days after recordation of the
Notices of Completion assuming no Stop Notices are filed with the
City. The adopted budget contains sufficient funds in Activity 31
(Street maintenance), Account 4510 (Contract Services) and in
Capital Project No. 9605, Account 4510 to cover the entire cost of
both construction contracts.
Staff will record the Notices of Completion for the construction
contracts and release the contract sureties and retentions thirty
days thereafter.
►• a .• .. .- - .W-.• -D u. ..
Either or both projects would not be accepted as complete and staff
would notify the contractors of any additional work required by the
City Council before the projects would be accepted as complete.
Advertising, Noticing and Public Contact:
Nothing additional.
Attachments:
1. Contract Summary and Notice of Completion for 1996 Pavement
Management Program.
2. Contract Summary and Notice of Completion for Saratoga Avenue
Traffic Signal.
Recording requested by,'
and to be returned to:
City of Saratoga
Department of Public Works.
13777 Fruitvale Avenue
Saratoga,- CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed to be performed under
the contract mentioned below between the City of Saratoga, a
municipal corporation, whose address is 13777 Fruitvale Ave.,
Saratoga, CA 95070, as Owner of property or property rights, and
the Contractor mentioned below, on property of the Owner, was
accepted as complete by the Owner on the 18th day of December,
1996.
Contract Number: N/A Contract Date: July 3, 1996,
Contractor's Name: C.F. Archibald Paving, Inc.
Contractor's Address: P.O. Box 37, 3624 Haven Ave, Redwood City, CA
94064
Description of Work: 1996 Pavement Management Program
This notice is given in accordance with the provisions of Section
3093 of the Civil Code of the State of California.
The undersigned certifies that he is an officer of the City of
Saratoga, that he has read the foregoing Notice of Acceptance of
Completion and knows the contents thereof; and that the same is
true of his own knowledge, except as to those matters which are
therein stated on information or belief, and as to those matters
that he believes to be true.
I certify under penalty of perjury that the foregoing is true and
correct. Executed at the City of Saratoga, County of Santa Clara,
State of California on 19
CITY OF SARATOGA
BY:
Larry I. Perlin
ATTEST: Director of Public Works
Harry R. Peacock, City Clerk
Gov. Code 40814
Printed on recycled paper.
CONTRACT SUMMARY
PROJECT: 1996 Pavement Management Program
CONTRACTOR: C.F. Archibald Paving, Inc.
CONTRACT DATE: 07/03/96
CONTRACT COMPLETION DATE: 11/01/96
ORIGINAL CONTRACT AMOUNT: $704,361.75
CHANGE ORDER AMOUNT: $1,020.60
FINAL CONTRACT AMOUNT: $705,382.35
PERCENT +/- FROM ORIGINAL CONTRACT AMOUNT: +0.14%
of SAR9
Recording requested by,
and to be returned to:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga;- CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed to be performed under
the contract mentioned below between the City of Saratoga, a
municipal corporation, whose address is 13777 Fruitvale Ave.,
Saratoga, CA 95070, as Owner of property or property rights, and
the Contractor mentioned below, on property of the Owner, was
accepted as complete by the Owner on the 18th day of December,
1996.
Contract Number: N/A Contract Date: July 23, 1996
Contractor's Name: Richard A. Heaps Electrical Contractor, Inc.
Contractor's Address: 8909 Florin Road, Sacramento, CA 95829
Description of Work: Saratoga Avenue Traffic Signal, C.I.P. 9605
This notice is given in accordance with the provisions of Section
3093 of the Civil Code of the State of California.
The undersigned certifies that he is an officer of the City of
Saratoga, that he has read the foregoing Notice of Acceptance of
Completion and knows the contents thereof; and that the same is
true of his own knowledge, except as to those matters which are
therein stated on information or belief, and as to those matters
that he believes to be true.
I certify under penalty of perjury that the foregoing is true and
correct. Executed at the City of Saratoga, County of Santa Clara,
State of California on , 19
CITY OF SARATOGA
BY:
Larry I. Perlin
ATTEST: Director of Public Works
Harry R. Peacock, City Clerk
Gov. Code 40814
Printed on recycled paper.
CONTRACT SUMMARY
PROJECT: Saratoga Avenue Traffic Signal, C.I.P. No. 9605
CONTRACTOR: Richard A. Heaps Electrical Contractor, Inc.
CONTRACT DATE: 07/23/96
CONTRACT COMPLETION DATE: 11/11/96
ORIGINAL CONTRACT AMOUNT: $88,395.00
CHANGE ORDER AMOUNT: $1,216.49
FINAL CONTRACT AMOUNT: $89,611.49
PERCENT +/- FROM ORIGINAL CONTRACT AMOUNT: +1.4%
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. fg,-10 AGENDA IT]
MEETING DATE: DECEMBER 18, 1996 CITY MGR.
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAL
SUBJECT: Baylor Avenue Traffic Calming Study
Since November 6, when this item was first came to the City
Council, I have learned that the City may now in fact be invoiced
for its third and fourth quarter CMA dues for the current fiscal
year. This means that the method of funding the Traffic Calming
study which I recommended in my previous report may no longer be
a viable option.
At this time I have not identified an alternative funding source
for the $4,000 study other than possibly tapping into the
Council's contingency reserve. However, if the Council is
inclined to proceed with the study, I believe I can probably
identify $4,000 within existing budget authority to avoid having
to utilize the contingency reserve. This would come from a
variety of other Public Works programs which I anticipate will
have surplus funds available and which cumulatively could be
tapped to come up with the $4,000.
if the Council elects to proceed with the study, I will attempt
to identify those other funding sources in order to have a budget
adjustment action on the Council's January 15 meeting which would
make the necessary interprogram transfers to fund the study. Of
course the other option would be for the Council to table this
matter again until January 15 so you can see exactly where the
funding will come from.
x�
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. -�, 70 S
MEETING DATE: December 18, 1996
ORIGINATING DEPT.: FINANCE
ITEM AGENDA , I
CITY MGR.
SUBJECT: Fiscal Year Ended June 30, 1996 - Report on Final Results, Acceptance of
Comprehensive Annual Financial Report, Single Audit Report, and Saratoga Public Financing
Authority Financial Statements
Recommended Motion(s): Note and file.
Report Summary:
Background- Pursuant to applicable federal, state and local statutes the City is required to prepare
a Comprehensive Annual Financial Report and undergo an annual audit to obtain assurance that: 1)
the financial statements are not misstated, 2) the City complied with generally accepted accounting
principles and federal financial assistance laws and regulations, and 3) accounting internal control
structures are present to reduce to a relatively low level of risk that errors or irregularities occur.
The Single Audit is prepared specifically to comply with the U.S. Government's OMB Circular A-
128, Audits of State and Local Governments, and is a condition of accepting federal financial
assistance.
The Saratoga Public Financing Authority is subject to provisions of a 1993 Revenue Bond Trust
Agreement that require an annual audit of it's financial information.
Discussion - The auditors, Maze and Associates, have completed their work for the year ended June
30, 1996, and have issued their reports on the Comprehensive Annual Financial Report, Single
Audit and Public Financing Authority. All reports contain "clean opinions ", i.e. highest level of
assurance given. As the auditor's report indicates, the responsibility for the financial statements
belongs with the City's management, not them. Their work is limited to opining on the fairness of
the presentation of those statements.
Also included in your packet is the Auditor's Memorandum on Internal Control Structure. Please
note, the City, for the first time, virtually eliminated accounting issues the auditors have previously
struggled with during the course of their work.
The Finance Advisory Committee will be reviewing these reports at their Monday, December 16`h
meeting. An oral report will be provided to Council apprising them of the Committee's actions.
. >•
Fiscal Impacts: None.
Follow Up Actions: Distribute reports to interested parties.
Consequences of Not Acting on the Recommended Motions: Not applicable.
Attachments
1. Report on Final Results
2. City of Saratoga Comprehensive Annual Financial Report
3. City of Saratoga Single Audit Report
4. Saratoga Public Financing Authority Financial Statements
5. Auditor's Memorandum on Internal Control Structure
c:\execsumm\exsml2ll.96