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HomeMy WebLinkAbout03-06-1985 CITY COUNCIL STAFF REPORTSG CITY OF SARATOGA AGENDA BILL NO._ -V % DATE: 2/25/85 (3/6 /85) DEPARTMENT: Community Development SUBJECT. Final Building Site Approval, SDR -1558 Damir Vukosa, Holiday Drive Initial Dept. He C. Atty C. Mgr. Issue Summary 1.' This is an expansion of building to an existing family house. 2. All requirements of City Department and other agencies.have been met. 3. All fees have been paid.. 'Recor nendation Adopt resolution No. 1558 -02, attached, approving the building site for SDR -1588. Fiscal Impacts NONE Exhibits /Attachnnnts 1. Resolution No..1558 -02. 2. Report to Planning Commission. 3. Status Report for building site approved.. 4. Location Map. Council Action 3/6: Approved 5 =0. RESOLUTION NO. 1558 -02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUILDING SITE OF Damir Vukosa The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: The 0.184 acre Parcel shown as lot 16 on Tract 822 of Block 7 and recorded in Book 40 of Maps at Page 55 and 56 submitted to City Engineer, City of Saratoga, be approved as one (1) individual building site. The above and foregoing resolution was duly and regularly intro- duced and passed by the City Council of Saratoga at a regular 1 . meeting held on the day of. 19 by the following vote: . AYES: NOES: ABSENT: MAYOR ATTEST: _ CITY CLERIC REPORT TO PLANNING COMMISSION City of Saratog APPROVED By: DATE; _ 1WITIALS: Date: 2/5/86 Commission Meeting: 2 /13/85 APN: 391 -11 -9E APPLICATION NO. & LOCATION: SDR -1588, 13525 Holiday Drive APPLICANT: Mr. & Mrs. Damir Vukosa ACTION REQUESTED: Tentative Building Site Approval for a 50% expansion. OTHER APPROVALS RECEIVED \REQUIRED: Final Building Site Approval and Building Permits. ENVIRONMENTAL ASSESSMENT: Categorical Exemption, Section 15301(e)(2) ZONING: R- 1- 10,000 GENERAL PLAN DESIGNATION: Residential- Medium Density Single Family (M -10) EXISTING LAND USE: Single Family Residential PARCEL SIZE: 8002 sq. ft. NATURAL FEATURES & VEGETATION: Level site; non - native landscaping SLOPE AT BUILDING SITE: 1% AVERAGE SITE SLOPE: 1% PROPOSED SETDACI;S: Front - 2S Feet Rear - 31.8 Feet Left Side - 7.5 feet Right Side - 1.E.8 Feet HEIGHT: Single -Story IMPERVIOUS COVERAGE: 33% + \- iZC OF STRUCTURE. First Floor (including garage and addition): 1977 sq. ft. + \- n Report to the Planning Commission SDR -1588, Vukosa ' 1� 2/5/85 Page 2 ORDINANCE COMPLIANCE: The project does meet all the requirements and standards of the zoning ordinance for a non - conforming lot in the R-1- 10,000 District. The lot is only 74.79' wide where 85' is required and 107' deep is where 115' depth is required. Since the site is a legally created lot of record it is permitted to have reduced side yard setbacks of 7.5' and a rear yard setback of 21.4' per Section 14.3 of the ordinance. Further, since the site is in a SHARP program area, the 25' front yard setback can be measured from the back of the curb rather than the property line. The project would meet or exceed those standards. PROJECT DESCRIPTION: The applicants wish to expand the size of their existing single story house by more than 50 %. The addition proposed would be single -story in height and would not require Design Review Approval. Staff anticipates no significant impact as the result of this project. 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 balanced against the public service needs of its residents and available fiscal and environmental resources. This project is categorically exempt per Section 15301(e)(2) of the CEQA Guidelines. The Staff Report recommends approval of the tentative map for SDR -1588 (Exhibit "B" filed January 7, 1985) subject to the following conditions: I. GENERAL CONDITIONS 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 time of final approval; submission of engineered improvement plans for any street work.; and compliance with applicable Health Department regulations and applicable Flood Control regulations and requirements of the Fire Department. Reference is hereby made to said Ordinance 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 required and set forth in accord with Section 23.1 of Ordinance No. 60. II. SPECIFIC CONDITIONS - SANTA CLARA COUNTY HEALTH DEPARTMENT A. A Sanitary sewer connection will be required. B. Domestic water to be provided by San Jose Water Company. I ` 7 Report to the Planning Commission 2/5/85 SDR- 1588,. Vukosa Page 3 III. 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. IV. SPECIFIC CONDITIONS - PLANNING DIVISION A. Prior to issuance of building permits individual structures shall be reviewed by the Planning Department to evaluate the potential for solar accessibility. The developer shall provide, to the extent feasible, for future passive or natural. heating or cooling opportunities on /in the sudivision /building site. B. Tree removal prohibited unless in accord with applicable City ordinances. C. Two covered parking spaces shall be provided on site in compliance with Article 11 of the Zoning Ordinance. D. All existing accessory structures no greater than six feet in height shall be relocated to .be no closer than 6 feet from a side or rear property line. APPROVEDtll— Michael Flores MF /bjc Associate Planner P. C. Agenda 2 /13/85 MEMORANDUM CITY OF SARATOGA TO: CITY COUNCIL FROM: DIRECTOR OF COMMUNITY_DEVELOPMENT. SUBJECT: Status Report for Building Site Approval All conditions for Building Site Approval SDR -1588 ,_ Damir Yukosa (have) (kaxaxnot) been met as approved by the Planning Commission on 2/14/85 Listed below are the amounts, dates and City receipt numbers for.all required items: Offer of Dedication N/A Date Submitted N/A Record of Survey or Parcel Map N A Date Submitted N/A Storm Drainage Fee N/A Date Submitted - - - - - -- Receipt _ # --------- All Required Improvement Bonds N/A Date Su mitte - - - - - -- Receipt - -- All Required Inspection Fees Date Submitted 2/15/85 Receipt# 7052 Building Site Approval Agreement A Date Signed ---- - - - - -- Park and Recreation Fee N /A.. Date Submitted - - - - -- Receipt # - - - - -- It is, therefore, the Community Development Department recommendation that (Final) Building Site Approval for _Damir yuknga SDR -1588 be granted. If Conditional Building Site Approval is recommended, it shall become un- conditional upon compliance with the following conditions: Condition(s) Reason for Non - Compliance KODIW -t-5, 5riook Director of Community Development CITY OF SARA`i'OGA Initial: AGENDA BILL NO. Z Dept. Hd. DATE: 2/25/85 (3/6/85) C. Atty. DEPARTMENT: _Community Devejnpment C. Mgr. SUBJECT: Release of Bond for underground utilities SDR- 1532, Saratoga - Sunnyvale Road, Union Oil Company Issue Surmary On July 20, 1983 Union Oil Company received building site approval to construct gas station and had provided Faithful Performance Bond of $25000 for underground utilites. This work has been completed. ReccmTendation Release Faithful Performance Bond of $25000 provided by United Pacific Insurance Co. Bond No. U459352. Fiscal Impacts NONE Exhibits /AttacYumnts 1. Memorandum dated 2/25/85 Council Action 3/6: Approved 5 -0. ��_.. 13777 1,12U17'VALE AVENUE SARATOGA, CALIFORNIA 95070 (108) 867 38 IEMOK 111 DlIMI TO: City Manager DATE: 2/25/85 FROM: Director of Public Works SUBJECT: Tract --- SDR -1532 Location: Saratoga - Sunnyvale Road Overhead utilities were required to provide underground of SDR -1532 and UP -522 to in the Contract Improvement Agreement dated July 7, 1983 have been satisfactorily completed. Therefore, I recommend the improvement security posted to guarantee that agreement be released. The following information is included for your use: 1. Developer: Union Oil Company of California Address: P.O. Box 7600, Union Oil Center Los Angeles, CA 90051 2. Improvement Security: Type: Faithful Performance Bond Amount: $25,000 Issuing Co.: United Pacific Insurance Co. Address: Federal Way, Washington Receipt, Bond or Certificate No.: 0459352 3. Special Remarks: Robert S. Shook RSS /dsm CITY OF SAR rOCA AC=. A BILL NO. -7q3 DATE: March 6, 1985 DEPARTMENT: Community 'Services SUBJECT: Permit Procedures for Parades and Footraces Issue Suirmary Initial: Dept. Hd. C. Atty. C. Mgr. On.January 16, 1985, staff presented Council with an outline for a new parade permit ordinance; and Council directed staff to make certain changes and return with the revisions at.a future date. The changes which were requested are identified in the attached report. In summary, they move permit approval authority to'the City Council and increase filing fee charges. Recowiandation 1. Approve staff recommendations outlined in report. 2. Direct City Attorney's office to draft actual ordinance. Fiscal Impacts An estimated 12 events per year would generate $600 annually. exhibits /Attachments Report to Council from Community Services Director. Council Action 3/6: Approved 5-0; City Attorney to draft ordinance. o� 'A •� �� � '�� �? "• CITY of = � ATOGA REPORT TO MAYOR AND CITY COUNCIL DATE: 3/6/85 COUNCIL MEETING: 3/6/85 SUBJECT: Permit Procedures for Parades and Footraces PURPOSE Conceptual approval of a permit procedure for parades and footraces requiring alterations in traffic flow and /or road closures is requested. AuAT.VGT C In response to Council direction, staff outlined a parade and footrace permitting procedure for the City of Saratoga on January 16, 1985. In response to Council direction, that procedure has been modified. The new procedure is outlined below. RECOMMENDATIONS A. Filing of Application for Permit 1. Requests for special event permits will be required 90 days before the proposed scheduled date of the activity. 2. The Community Services Department will coordinate the processing of the permit requests within the City. *3. The City Council can waive the 90 day processing requirement if it finds the nature of the activity would significantly benefit the public interest in the community, and that such waiver would not in any way compromise public safety considerations associated with the event. L Report to Mayor and City Council Page 2 Subject: Permit Procedures for Parades and Footraces B. Fees and Deposits *1. A non - refundable $50 filing fee will be required with each application. *2. A refundable $250 cleanup deposit will be required. 3. An insurance certificate for $300,000 naming the City of Saratoga as additionally insured will be required. 4. Permit applicants will be responsible for security at their events. Security and traffic control expenses incurred by the City will be billed to the event sponsors. C. Approvals /Denials *1. The City Council must approve all permit applications. *2. Only the City Council can waive any fee and deposit requirements associated with parades and footraces. *3. The decision to either grant or deny approval of a special event by the City Council shall be final. D. Intergovernmental Coordination 1. The Community Services Department will be responsible for coordinating permit requests with the following other public agencies: (a) Santa Clara County Sheriff (b) Saratoga Fire District (c) County Central Fire District (d) County Transit Agency (e) California Highway Patrol (f) California Department of Transportation 2. Each of the above public agencies will be given twenty (20) days upon which to comment on a permit application and will be notified of the final action taken on the permit request. E. Legality 1. Each of the above items may be automatically waived when a special event or parade constitutes an expression of free speech which is Constitutionally protected. *Items changed since last report per direction. Report to Mayor and City Council Page 3 Subject: Permit Procedures for Parades and Footraces Changes Since the outline of the ordinance for parades and footraces was last presented to the Council, the following changes were made in response to Council direction: A -3. The authority to waive the 90 -day permit processing requirement was changed from the City Manager to the City Council. B -1. The non - refundable filing fee was doubled, increasing from $25 to $50 per application. B -2. The cleanup deposit was reduced from $500 to $250, a 50% redution. C -1. The authority to grant approval for a special event was changed from the City Manager to the City Council. C -2. The authority to waive any fee and deposit requirement was changed from the City Manager to the City Council. C -3. The above changes made it necessary to delete an applicant's right to appeal the decision of the City Manager to the City Council. The City Council's decision with regard to any application for a parade permit will be the first and final action in the matter. Other Issues Council requested that staff explore the use of a split fee schedule for profit and non - profit organizations. Research revealed that no profit making organization had sponsored any events for profit making purposes. On the rare occasions when a profit making organization did sponsor an event, the proceeds went to benefit a charity, so the event was still public- interest oriented. Since parades and footraces in Saratoga have not been held for profit making purposes, staff is not recommending a split fee schedule at this time. The City's new parade permit ordinance can be adopted for public interest events, and profit making endeavors can be handled on a case by case basis should they occur (e.g. a road closure for the purposes of shooting a scene for a movie). Another issue Council directed staff to explore concerns the cost to event sponsors for liability insurance coverage. The findings resulting from the research reveal a lot of variation in insurance costs. For most event sponsors, however, existing insurance coverage, which they already*: carry, allows for special Report to Mayor and City Council Page 4 Subjet: Permit Procedures for Parades and Footraces "rider" policies to be issued for little or no additional cost. For example, the Saratoga Rotary Club pays approximately $250 per year which covers their art show and any special events they wish to sponsor. Rider policies for specific events like a parade naming the City of Saratoga as additionally insured are issued at no additional cost. Groups which have no existing insurance coverage can expect to pay between $250 and $500 for a special policy which would cover them for one day. None of the previous sponsors of any parade or footrace in Saratoga in the past have fallen into this category, however. Therefore, staff recommends that the liability insurance coverage required by the City be no less than $300,000 as originally recommended. CONCLUSION Once the City Council approves in concept the changes outlined above, staff will draft the actual ordinance reflecting those changes for final Council action. Groups which have sponsored a parade or footrace within the City for the past three years will also be notified about the adoption of the new permit procedure. Todd W. Argow i M AGENDA BILL DATE: March 6, 1985 DAPARTMENT: City Manager CITY OF SARATOGA Initial. Dept. Hd. JO- .A �C. Attnv. K C. Mgt: SUBJECT: Ammendment to City Sales Tax Ordinance Required by Sate Law Issue Summer Under State law, in order for the State Franchise Tax Board to collect the one percent City sales tax portion along with the Sate sales tax, each city in each county must have agreements with the county regarding the distribution of the local share of sales tax. The cities in each county must also have a standard form agreement with the Franchise Tax Board and local ordinances must be uniform. In 1978, the cities in Santa Clara County agreed to share a portion of the cities sales tax with the County in return for the County provi- ding a regional radio communications service. Under law, all cities had to agree, and did. In 1983, one city in the County decided to cancel the agreement, thereby requiring restructuring of the sales tax ordinances and terminating the county agreement to provide regional radio communications service at no additional charge to cities. Each city in the county must now act to am mend its sales tax ordinacne deleting the special provisions for sharing with the county and restoring the uniform provisions. If all cities do not act in time for the ordinance to be effective by July lst, state collection of cities sales taxes in the county will be jeopardized. the attached ordinance has been prepared by the City Attorney to conform to the state requirement. Recommendation Introduce the ordinance and adopt by June 1st. Fiscal Impact minimal impact on Saratoga Exhibits Proposed Ordinance Council Action 3/6: Introduced ordinance 5 -0. 3/20: Read and adopted Ordinance 38.128 5-0. w .0 • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE ll AND REPEALING ARTICLE IV OF CHAPTER 14 OF THE CITY CODE, PERTAINING TO SALES AND USE TAXES The City Council of the City of Saratoga does ordain as follows: SECTION 1: Article II of Chapter 14 of the City Code is hereby amended in its entirety to read as follows: Sections: 14 -4 14 -5 14 -6 14 -7 14 -8 14 -9 14 -10 14 -10.1 14 -10.2 14 -10.3 14 -10.4 14 -10.5 14 -10.6 14 -10.7 "ARTICLE H SALES AND USE TAX Short title of Article Purpose of Article Contract with State Rate of tax Sales tax Place of sale Use tax Adoption of provisions of State law Limitations on adoption of State law Permit not required Exclusions and exemptions Amendments Enjoining collection forbidden Penalties s � � §14-4 Short title of Article This Article shall be known as the Uniform Local Sales and Use Tax Ordinance. 514 -5 Purpose of Article The City Council hereby declares that this Article is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (a) To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Part 1:5 of Division 2 of the Revenue and Taxation Code of the State. (b) To adopt a sales and use tax ordinance which incorporates provisions -1- identical to those of the sales and use tax law of the State insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code of the State. (c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practical to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the State sales and use taxes. (d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting City sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this Article. 514-6 Contract with State Prior to the operative date of this Article, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this sales and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. X14 -7 Rate of Tax The rate of sales and use tax imposed by this Article shall be one percent. 914 -8 Sales tax For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the City at the rate stated in Section 14 -7 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the City on and after the operative date of this Article. §14-9 Place of sale For the purposes of this Article, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out of State destination or to a common carrier for delivery to an out of State destination. The gross receipts from such sales shall include delivery charges, when such charges are subject, to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. • -2- • 914 -10 Use Tax An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on or after the operative date of this Article, for storage, use or other consumption in the City at the rate stated in Section 14 -7 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made. 514 -10.1 Adoption of provisions of State law Except as otherwise provided in this Article, and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code of the State, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Article as though fully set forth herein. 514 -10.2 Limitations on adoption of State law Wherever, and to the extent that, in Part 1 of Division 2 of the State Revenue and Taxation Code the State is named or referred to as the taxing agency, the City shall be substituted therefor. The substitution, however, shall not be made when the word "State" is used as part of the title of the State Controller, the State Treasurer, e the State Board of Control, the State Board of Equalization, the State Treasury or the Constitution of the State; nor shall the name of the City be substituted for that of the State when the result of that substitution would require action to be taken by or against the City or any agency thereof, rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Article. Neither shall the substitution be deemed to have been made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State, where the result of the substitution would be to provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the State Revenue and Taxation Code, nor to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provisions of that Code; and, in addition, the substitution shall not be made in sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the State Revenue and Taxation Code, and the substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in section 6203 or in the definition of that phrase in section 6203. s14 -10.3 Permit not required If a seller's permit has been issued to a retailer under section 6067 of the State Revenue and Taxation Code, an additional seller's permit shall not be required by this Article. -3- 514 -10.4 Exclusions and exemptions • (a) The amount subject to tax shall not include any sales or use tax imposed by the State upon a retailer or consumer. (b) The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Part 1.5 of Division 2 of the Revenue and Taxation Code by any city and county, county or city in the State shall be exempted from the tax due under this Article. (c) The gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes shall be exempted from the computation of the amount of sales tax due under this Article. (d) The storage, use or consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property in such vessels for commercial purposes is exempted from the use tax. (e) The gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the City in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the State, the United States or • any foreign government shall be exempted from the computation of the amount of sales tax due under this Article. (f) In addition to the exemptions provided in sections 6366 and 6366.1 of the Revenue and Taxation Code, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of the State, the United States or any foreign government is exempted from the use tax. §14 -10.5 Amendments All amendments of the State Revenue and Taxation Code enacted subsequent to the effective date of this Article which relate to the sales and use tax and which are not inconsistent with Part 1.5 of Division 2 of the Revenue and Taxation Code shall automatically become a part of this Article. §14 -10.6 Enjoining collection forbidden No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Article, • or Part 1.5 of Division `L of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. -4- 914 -10.7 Penalties Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeansor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment." SECTION 2: Article IV of Chapter 14 of the City Code, entitled "Alternate Local Sales and Use Tax Provisions" is hereby repealed. SECTION 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may. be held invalid or unconstitutional. SECTION 4: This Ordinance shall take effect on July 1, 1985. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the day of , 1985, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY CLERK • -5- MAYOR CITY OF SARATOGA AGENDA BILL NO. 701(o DATE: 2/28/85 (3/6/85) DEPARTMENT: Community Development Tract 5179 Stone Ridge Drive SU13ECT: Stoneson Development Corp. Final Acceptance Issue Sunrary Improvements were completed and maintenance period has passed. Improvements are acceptable and it is appropriate to accept work,release bond and accept offer of'dedication. Recommendation Adopt resolution 36 -B which accepts dedication improvements and releases the bonding. Fiscal Impacts Minor additional street maintenance Exhibits /Attachments 1. Resolution 36 -B Council Action 3/6: Approved 5 -0... RESOLUTION NO 36 -B- RESOLUTION ACCEPTING DEDICATION OF STREETS Stone Ridge Drive It appearing that on or about September 1975 , the street, storm drain and other improvements as shown on the hereinafter referred to subdiviiion map and on approved improvement plans therefore were completed and thereafter were maintained by the sub- divider for a period of not less than an additional year from date of satisfactory completion. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That portion of the City's previous resolution rejecting the dedication of certain streets, storm drains and other easements as shown on the following described subdivision map: Map of Tract No. 517q recorded in Book 32_6_ of Maps, at Pages 37-39, in the office of the County Recorder of the County of Santa Clara, State of California on July 16 197-1 . and as set forth in the Clerk's certificate on said map, is hereby rescinded and the previously rejected offers of dedication on said map are hereby accepted, except the following: NONE and all of the above streets which are accepted under this resolution are hereby de- clared to.be public streets of the City of Saratoga, County of Santa Clara, State of California. BE IT FURTHER RESOLVED: That the following described improvement bond or bonds are hereby ordered released: That certain Improvement Bond No. 4-752591 dated June 8, 1973' 9 7 3 , and . issued by United Pacific Insurance Company The above and foregoing resolution was passed and adopted on the 20th day of _February 1989 at a regular meeting of the City Council of Saratoga by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR 0 CITY OF SARATOGA Initial:^ AGENDA BILL NO. 101(0 Dept. lid. J DATE: 2/28/85 (3/6/85) C. Atty. • DEPARTMENT: Community Development C. Mgr. Tract 5179 Stone Ridge Drive StIDJL'Cr: Stoneson Development Corp. Final Acceptance Issue Summary Improvements were completed and maintenance period has passed. Improvements are acceptable and it is appropriate to accept work,release bond and accept offer of* dedication. 'Recomnendation Adopt resolution 36 -B which accepts dedication improvements and releases the bonding. Fiscal Impacts Minor additional street maintenance Exhibits /Attachimnts 1. Resolution 36-B_ Council Action • y ' CITY OF SARATOGA AGENDA BILL NO. ­7 q -7 DATE: 3/6/85 DEPARTMENT: Community Development Initial: Dept. Hd, C. Atty. C. Mgr. ----------------------- - - - --- SUBJECT: Final Map Approval Tract 6781, Teerlink Ranch Issue Summary 1. Tract 6781 is ready for Final Approval. 2. All bonds, fees and agreements have been submitted to the City. 3. All requirements of City departments and other agencies have been met. Recommendation Adopt Resolution No. SD- 1355 -02 attached, approving the Final Map-of Tract 6781 and authorize execution of Contract Improvement Agreement. j r Fiscal Impacts None Exhibits /Attachments 1. Resolution No. SD- 1355 -02 Council Action 3/6.: Approved.5 -0. K RESOLUTION NO. - RESOLUTION APPROVING FINAL MAP OF %QACi 673/ WHEREAS, a final subdivision map of T-P•hcT (,73t cE2c.�n r< fZ,�N�lf 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 complete( 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 complianc( 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 ti r� 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 form 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 1A X 0 19 e 5 , by the following vote: AYES: NOES: ABSENT: MAYOR ATTEST: CITY CLERK 9 AGENDA BILL NO: 0 1) 0 DATE: March 13, 1985 DEPARTMENT: Parks & Buildings Initial: -� — Dept. Head: City Atty: City Mgr: SUBJECT: Request for Goodwill Donation Station Issue Summary We have been contacted by Goodwill Industries requesting permission to locate a Donation Station on the Civic Center property adjacent to the Recycle Center and Service Yard. The station will be an 8' by 27' trailer which will be manned 8 hours per day, 7 days per week. Staff has reviewed the proposed location and feels that the trailer will not interfere with traffic circulation or parking. We have also checked with the Board of Directors of the Kiwanis Club which operates the Recycle Center. The Kiwanians have no objections to the station. They feel the two types of recycling activities will support each other and will not compete for recyclables. Goodwill has an existing station in Saratoga at the Argonaut Shopping Center which does extremely well in its collection. With this second station they hope to increase the overall collection while reducing the excess demand at Argonaut. Staff has not determined if other charitable organizations will feel they deserve like treatment. The attached agreement has a 30 day cancellation clause. Recommendation Council should consider approving the attached "Agreement Granting Permission to Operate an Attended Donation Station" and authorize its execution by the Mayor. Fiscal Impact None. Attachments 1. Agreement 2. Proposal 3. Letter by Fulton Reid, dated January 1, 1985 Council Action 3/20: Approved 5 -0. 1 AGREEMENT GRANTING PERMISSION TO OPERA'rE AN ATTENDED DONATION STATION. This. agreement, made and entered into this day of , 19 by and between the City of Saratoga, a Municipal Corportion and Goodwill Tndustri.cs of Santa Clara Ccrmty Tnc., a Cali.forni.a. Non - Profit Corporation (herina:fte): referred to as permi-ttee) tur'r�rr..ccr.�u Whereas, permittee supports ii1s t.r•ainin;;; vocational., rehabilitation, and placement programs {:or handi.capoed persons by collecting donations of usable and saleable i_teuis; Lncl whe.reas the City of Saratoga wishes to help and cooperate with pnrmittee by allotai.ng the use of premises, as -gin 1,:aererjed Dc:r.ati or. ,Mai: ion. Now, Therfore, based upon the premises, covenants; agreements and provisions contained herein. -he parties cii; hereby agree as fal:tor;;s: 1. TERMS OF AGREEMENT: Th -Is agri.,cn?ent shall. be for all ii,defi.ni.te period commencing can execution. 2. PERMISSION GRANTIiI): 3. 4 a. 'I'l;c City of Saratoga liercb), grants per.mittee permission to oporate an A.t.tcnded Collection Station on that rcnl property uwn;:d by the City of Saratoga located at 19700 Allendale Avenue, Saratoga, CA 95070 (hci•ciriafter rc,ferred to the "Premises ") b, The City of Saratoga hereby grants permi.ttee permission to install or have :installed at permittee`s sole cost anal. expense a trailer approximately 27 feet long and :cot wide ;o usod in the perf.orm,,nce of i recei wing r: cnat:i.ons and :F,,.r the reception and temporary storage c, collected useable and saleable items. C. The City of Saratoga hereby ;rar,ia p. :rrui. s.t:ee permiss::.ou to, f_•u,n tame to time and a 11.ecc sary; enter onto the premises with a motorized vel')i -c.le for the purpose of removing, the full. Attended Donation rep - :c:. i.g :i L :a:i.tl a.,t cuipLy Al tende a Donation Statio;; t.railcr. USE: OF PLiIZAtiT ?'IZI P,1f5P,S: Pr ru i.t;:ce agree; rrrt: Lo u::c: 1:1-1e premises or any part:i.l,cr of ;;r to ali w :�ai.d premises or I any part theruaf i:o Lc, used :"or any ;,urpor.c or purl,o: >c other than for the purpose for which permission is granted. HOURS 01: COLI..P.C'fION: Permittee agrees that trailer placed on permit prcmi.ses shill be s!.affcd at Icast ci.ght (8) hours per clay, scven (7) days per week, f, om 10:00 6:00 p.m. dur:irig the sunnner months. (April thrn October) and from 9:00 ;;.m. ;anti 11 5:00 . io. dur.inn t.l;c <<i.nt.cr months (October thru April) . Permittce shall submit to — agent, or authorized representative, advanced notice oP.. '_`• any and all changes in the nnet•nti.nu schedulo of the Attended Donation Station. S. MAINTENANCE OF PREMISES: a. Permittee shall, at permittee's cost and expense, keep and maintain the premises free from weeds, and undesired vegetation. Permittee shall ensure that the trailer placed on the premises shall be kept in good, clean, safe and sanitary condition and repair. Permittee shall not commit or suffer to be committed any waste or any public or private nuisance upon the premises. b. Permittee shall, at permittec's sole cost: and expense, arrange or make arrangements for the removal of any and all trash and debris from around the t, °ailer that is deposited thereon by member of the public. Trash and debris removal shall take place each morning of each day during the term of this agreement as required by the accumulation of debris. 6. PERMITTEE'S EMPLOYEES: Permittee's agrees thatonly i:hose p.orson.s rrho are trained and familiar with the operation of an Attended Donation Station will staff said collection center. 7. CONTRACT RIGHTS ONLY: The rights herein granted to the permittee are contract rights only and in no respect shall the same constitute or be construed as a granting of a leasehold interest in City of Saratoga _real property. 8. ASS]G ;i_!1:NT FOIZBTIMH. N': This a- reement shall not be assigned by the permittee in whole or in part, nor subcontracted —iii -any respect. 9. INDEhINUTCATION: Permission i.s granted upon the express condition that the oi,Tner, agent, or authorized representatives, are to be free from liability and claim for damages by reason of any injury to any person or persons, including permittee, or property of any ]rind whatsoever or to whomsoever Lelongir.y, :ir:cluditng permit:tee's, from any cause or causes whatsoever while in or upon, or in any i,,ay connected with the premises or permi.ttee's use thereof, or failure of permitt.ec t.c keep the premises around the trailer in ]rood, safe and sanitary condition. It is agreed, however that the above provision does riot: apply to injury, damage or loss. caused sole ay ?)y wi.11-E111 or r.egli gent acts Of active misfeasance (ether than and as distinguished from acts of omission, failure to do ,ometh:i.nR, or other non- feasance) of orancr, agent or authorized representative acting within the course and ;colic of t.he:ir employmcait, then nc.i.thcr permittee nor hcrmittec':: meml.,ers, guc:rtS, .employees, agents, or contractors arc in any way at fault and in no way contridictcd to causing the injury, dama,c, or loss. (7.) 10. INSURANCE REQUIREMENTS: At permittee's sole cost and expense, and for the entire term of t.lJs agreement, permittee shall obtain and maintain in full force all of the following insurance requirements: a. A comprehensive general. liability policy with a minimum limit of $500,000. combined single limit for bodily injury and property damage and include all of the follow- ing coverage: 1. Permises operations (Attended Donation Station for usable and saleable items) b. P, comprehensive Business :auto Policy l- •_'_th a nini.mum of $500,000. combined single limit for bodily injury and property damage. 1. This ccverage shall be providcu for all vehicles operated by permittee in the operation of the Attended Donation Station, such as,.but not limited to, those used for the removal of col- lected items to permittee's stores and main plant. 2. This c.ove.rage shall be provided for all owned, hired, an(t non-owned vehicles. c. A workers compensation policy shall be provided by permittee for any and all of permittee's employees. 11. COMPLIANCE WITH RULES AND REGULATIONS: Permitte shall comply with the requirements of all Muni.cipal., State and Federal statutes, ordinances, rules, orders, regulations, and laws now in effect or which may herafter be in effect pertaining to the premises and perrflittec's operati.en, use and occupancy thereof. 12. ELECTIVE TERMINATl{)N: Either party may terminate this agreement without cause upon written notice to the other party at least- thirty (30) days in ad�a.nce of such termin- ation. In the event such notice of tcr:mirs�tion is given, this agreement: shall be deemed terminated and at an end not less Than t:hi.rty (30) ;lays after a_ :i notice is either personally served on the City of Saratoga or the permittee's address indicated herein. 13. ATTOURNEYS' COST If any action at law or in equity shall be brought to enforce or :i.nterprot: the terms of this agreement, the prevailing party shall be entitled to recover from tha otherr party as part oil. the prevailing party's cost reasonable attourney's fees, the. amount of whiih shall be fixed by t:hc court and .=.h ;L11 ?;e made a part . of any judgement or degree rendered. r_i 14. NOTICES; Any notices provide to be given herin shall be addressed as Follows: PERMITTEE The City of Saratoga Goodwill Industries of Santa Clara County 1.080 N. Seventh Street 19700 Allendale Avenue San Jose, Ca. 9SI12 Saratoga, CA 95070 or to such place as the City of Saratoga or permittee may by similar notice in. writing designate. WITNESS THE EXECUTION HEREOF the day and year set forth. Approved as to form by Goodwill Industries of Santa Clara County Inc. by Permittee Address: 1080 North Seventh St. San Jose, Ca. 95112 Telephone: 0408) 998 -5774 Of santa LED VI clara county helping handicapped people create new futures PROPOSAL Goodwill Industries of Santa Clara County supports its vocational evaluation, training, rehabilitation, and job placement for handicapped persons, by collecting donations of usable and salable items. By working closely with the public, Goodwill has achieved excellent community support throughout Santa Clara County. Local residents extensively utilize the attended donation stations that are placed in selected neighborhoods. From time to time due to public response, Goodwill actively seeks additional sites in certain areas. By allowing space to operate their donation station, Goodwill Industries of Santa Clara County agrees to the following: * The area around the donation station will be kept clean and free of unsolicited materials... * The station will be manned eight hours pbr day seven days per week. * Fi'eld.supervision will be provided during the operating hours, and until 2:00 a.m. in the morning. * Goodwill will give recognition to the owners of the property by using a easily ident- ifiable name for'.the site, which will be used in Goodwill publications and brochures. * Goodwill will provide $1,000,000 insurance coverage: $500,000 bodily injury and property damage, and $500,000 personal injury. A copy of which will be sent to the owners. 1080 north seventh street. san Jose, ca 95112•(408)998 -5774 * Goodwill will respond quickly to all requests of the owners relating to the site. * Goodwill will remove the station immediately, or within 24 hours when asked to do so by the owners. * Goodwill will not utilize the site, or any part thereof or allow said site, or any part thereof to be used for any purpose or purposes other than for the collecting of donations. This is to acknowledge a Goodwill of Santa Clara County attended donation station is allowed to park in the following location: ADDRESS: OWNER'S /MANAGER'S NAME: ADDRESS: SIGNATURE: BY: Goodwill Industries Inc. of Santa Clara County ADDRESS: 10.8.0 N. 7th. Street San Jose, Ca. 95112 TELEPHONE: (408) 998 -5774 RECEIVED, Of FES 5 cy:� sant%TY AAANA�,_,R Clara county helping handicapped people create new futures February 01, 1985 Mr. J. Wayne Dernetz City Manager City of Saratoga 13777 Fruitvale Av. Saratoga, Ca. 95070 Dear Wayne, I thank you for your interest shown us with regard to the placement of an attended donation station near the recycling center in Saratoga. As you know we have an attended station located in the Argonaut Shopping Center. We have over the years received terrific support from the residents of Saratoga in the amount and quality of donations received at this site, and Goodwill cannot thank the people enough. An attended donation station near the recycling center would help to ease the volume at the Argonaut site and provide additional service to the people of Saratoga. You may like to know that Goodwill's latest television commercial was filmed at the Argonaut Shopping Center in October 1984. I have enclosed a rough draft of a basic agreement. Your attorney's may want to change or modify it of course but it is a starting point. Please feel free to call me anytime should you wish any additional information. Very trul your 000000t lton Reid A.D.S. Supervisor Retail Operations 1080 north seventh street@ son jose, ca 95112•(408)998 -5774