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HomeMy WebLinkAbout04-25-1985 CITY COUNCIL STAFF REPORTSCITY OP Sin):'Ilmlt Initial: ABU\ BILL ISO. 8v� Dept. D�Tc: April 23, 1985 C. Atty. DET'r1..IENT: CITY ATTORNEY C. Mgr. ------------------------ - - - - -- --- _------- _ Formation of Water District in NM area — Agremeement with man JoseJGfa�er - SU3,TL-)CT: Co.,-Bas Hcmes and Teerlink Ranch, Ltd. - -- ---- - - - - -- Issue SUry In order to obtain final map approval, Bas Homes and Teerlink Ranch, ,Ltd. agreed to construct, at•their own expense,.certain improvements to furnish.water to their project. These.improvements will became part of the Water District system after such. district is formed. The proposed agreement provides for the reimbursement to Bas HcnVs and Teerlink .Ranch, Ltd., of the amounts they' have extended foe work which otherwise would be.performed'by the Water District..'The reirbursement will be made after the.D, strict is established'and the funds are received frcm the sale of bonds. Reccm .ar_dation Approval of Agreement *and. authorization of the Mayor .and .City _Clerk . to execute the same on behalf of the-City. Fiscal Imnacts None. All payments under the Agreement will be-made,-from bond pros s. ,. q .. Exhibits- lAttach-r�?nts Proposed Agreement. �:oancil Action 5_/1: Approved agreement 4 -0. i" 1 , • AGREEMENT _THIS AGREEMENT is entered into this day of February, 1985, by, and between the following parties: Company;" CITY OF SARATOGA, hereinafter referred to as "Saratoga;" SAN JOSE WATER COMPANY, hereinafter referred to as "Water BAS HOMES, INC., hereinafter referred to as "BAS;" TEERLINK RANCH, LTD., hereinafter referred to as " Teerlink;" WHEREAS, Saratoga is going to establish an improvement assessment district to provide inter -alia for a water improvement district entitled Saratoga • Improvement District Project. WHEREAS, BAS HOMES, INC., is a real estate developer which is going to develop Tract Number 6701 as set forth in the attached Water Company map, marked Exhibit "A." WHEREAS, TEERLINK RANCH, LTD., is a real estate developer which is going to develop Tract Number 6781 as set forth in the attached Water Company map, marked Exhibit "A." WHEREAS, the water facilities to be installed by BAS and Teerlink in the development of Tracts 6701 and 6781 will, with certain exceptions become a part of Saratoga Improvement District Project. WHEREAS, BAS and Teerlink are desirous of advancing to Saratoga the necessary funds for the construction of the necessary water mains to provide the necessary water service and fire flow required by the development of Tract 6701 and • 6781. DC l "ti. l; NOW, THEREFORE, the parties hereto agree as follows: • FIRST: BAS agrees to advance to Saratoga the sum of $198,055.00 as its share of the estimated costs of construction of the water mains set forth in yellow and blue in Exhibit "A." SECOND: Teerlink agrees to advance to Saratoga the sum of $236,375.00 as its share of the estimated costs of the water mains set forth in yellow and blue on Exhibit "A." THIRD: It is agreed between BAS, Teerlink and Water Company that the amounts set forth in paragraph First. and Second are the estimated costs of construction of said water mains and BAS and Teerlink agree to advance proportionately to Saratoga such additional amounts, if any, to adjust to actual costs of construction. FOURTH: Water Company guarantees the cost of the water main set forth • in blue within the red brackets as set forth in Exhibit "A," will not exceed $300,000.00. In the event such cost exceeds the sum of $300,000.00, Water Company shall pay the excess cost. FIFTH: Saratoga agrees that upon the formation of the assessment district and the sale of the assessment bonds, it will reimburse BAS and Teerlink out of the proceeds from the sale of such bonds and subject to the provisions of Paragraph Eighth hereof, the following sums: BAS - $198,055.00 or such other amount as may be due under the provisions of Paragraph Third above. Teerlink - $236,375.00 or such other amount as may be due under the provisions of Paragraph Third above. SIXTH: Saratoga agrees that upon receipt of the funds from BAS and Teerlink as hereinabove set forth, said funds will be paid over to Water Company to be used in the construction of the water main set forth in Exhibit "A" which is highlighted in yellow and blue in accordance with the provisions of Sections 10109 and 100110 of the Streets and Highways Code of the State of California. • SEVENTH: Saratoga agrees that if the assessment district contemplated to -2- J • be formed in the Saratoga Improvement District Project is completed and the assessment bonds sold, Saratoga will refund to BAS and Teerlink in accordance with the procedure provided in Section 10427 and 10427.1 of the Streets and Highways Code of the State of California. EIGHTH: It is agreed that Saratoga is assuming no direct liability for payment of any monies provided for herein, and that its only liability and responsibility is that of conducting the special assessment proceedings referred to in the form provided by law, to remit to Water Company the funds collected from BAS and Teerlink in accordance with Paragraph Sixth, and to refund to BAS and Teerlink the amounts provided in Pararaph Sixth if the assessment district is formed and Saratoga receives sufficient funds to do so. If for any reason the assessment proceedings are not carried through to conclusion, Saratoga shall not be liable to either BAS or Teerlink for any amounts paid to Saratoga and remitted to Water Company pursuant to this Agreement. In the event the assessment bonds are sold, but there are insufficient funds to pay all construction, engineering, legal and other costs of the Project, BAS and Teerlink agree to accept a pro rata share of their reimbursement on the same basis as all other persons and entities receiving a reduced payment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. : By Secretary SAN JOSE WATER COMPANY M By 0- -3- TEERLINK RANCH, LTD. By Geraj " General President By Secretary CITY OF SARATOGA to : AGENDA BILL NO: 3 DATE: April 24, 1985 DEPARTMENT: Maintenance Initial: Dept. Head: City Atty: City Mgr: SUBJECT: Purchase of One -Ton Dump Truck Issue Summary A One -ton Dump Truck was authorized for purchase in the 1983 -84 capital budget but due to bidding scheduling and other delays. We have just received official bids, low bid was $14,326.50 by South Bay Ford. $14,500 was authorized and encumbered for this purchase. Recommendation Authorize purchase of One -ton Dump Truck. Fiscal Impact Purchase amount $14,326.50. Attachments Copy of bid Council Action 5/1: Awarded to low bidder 4 -0.. 1 CITY OF SARATOGA MAINTENANCE DEPARTMENT TRUCK BID FORM t Bids must be submitted by Fir, 1 2 -,.'1 0Fl=,' , 2:00 p.m. Please complete the following: / 430 1. COST OF NEW TRUCK II. AMOUNT OF TRADE -IN oa III. NET COST Sales Tax Total `�Z 7_ c,9•9'Days Fro tt�e Time Authorization IV ' D ,LI,.'EPY DA`fL to Purchase is Received From the City V DEVIATIONS FROM SPECIFICATIONS Note if deviations exist. Attach separate sheet outlining same. VI BID VALID UNTIL VII COMPANY -OR DEALER NAME Address Phone Number Person Responsible For Bid Title CITY OF SiVZA DOGA Initial: AG WD.N BILL NO. 3? Dept_ W. �- DATE: April 23, 1985 C. Atty. DEPAR ,�,T: City Attorney . C. Mgr. ------------ --------- - - --_- _ _ -------- Settlement of Hulse litigation and Extension of tentative building site ----- SUBJECT: approval for SDR =1290 Issue Sury In 1977, tentative building site approval was issued by the City for the division of the Hulse property into two lots, each lot being one acre in size. Following adoption of Measure A, Hulse ca menced.a lawsuit, based upon the same grounds as the other, Measure A lawsuits. The proposed settlenent.would permit Mr..FTulse to obtain final building site approval for two lots, in exchange for which he has agredd to complete the undergromding of utilities on Mt. Eden Road between the Teerlink project and the Bat Homes project. This undergrounding was not required in the original approval for SDR- -1290. In addition, an ; extension of the tentative building site approval is needed.. Since Mr. Hulse has used all of the extensions available under the Subdivision Ordinance., the only method of extending his SDR would be through the approval of a stay on*the time limit by.reason of pending litigation, under the authority of Goverrnnent Code Section 66452.6-(c), as recently amended. :Recc=er_dation Approval of Stipulation for Settlement and authorization of the Mayor and =City Clerk to execute the game. Adoption of Resolution stayinT the period of time for expiration.of SDR.1290 until May 25, 1986. Fiscal imnacts The City will receive the benefit of-the additional undergrounding work to be performed on Mt. Eden Road.to om plete the.segiment between the Teerlink and Bas Homes projects. In addition, the City will also receive the Development Impact Fee upon the construction of residence on Parcel B. E::h ibi is /A tta_ci ur_2n is Council Action (1) Stipulation for Settlement (2) Resolution- re stay of .time (3) Government Code Section 66452.6(c) 5/1: -Approved settlement agreement and resolution 2233.4 -0. • STIPULATION FOR SETTLEMENT This Stipulation for Settlement ( "Agreement "), by and between LAUREN L. HULSE and JOYCE C. HULSE ( "Hulse "), FRED IRANY and CHRIS IRANY ("Irany ") and the CITY OF SARATOGA, a municipal corporation ( "City "), is made with reference to the following facts: A. Hulse is the fee owner of approximately two acres of. certain real property located at 21801 Mt. Eden Road (the "Subject Property "), which property is within the Northwestern Hillside area of the City of Saratoga ( "Northwestern Hillside "). B. Hulse entered into a contract to sell one acre out of the Subject Property to Irany. C. Hulse filed an application with City for tentative building site approval to divide the Subject Property into two lots, such application being identified as SDR -1290, and on or about February 17, 1977, such application was approved by City, subject to various conditions to be satisfied by the applicants prior to recordation of a final map. D. On April 8, 1980, the citizens of Saratoga passed an initiative ordinance, commonly known as Measure A, which became effective on April 25, 1980, and which pertains to the Northwestern Hillside, including the Subject Property and others. E. Section 7 of Measure A states in pertinent part: "Pending final completion of the requirements of Section 3, no zoning changes, land divisions, subdivisions, building or grading permits for construction of a new residence, or other land development approvals of any kind shall be issued in the subject area, nor any applications accepted therefor; provided, that upon a showing of extreme hardship and in agreement with the provisions of this initiative, exceptions • may be granted after two noticed public hearings by a 4 /5ths vote of the City Council." -1- E Section 3 of Measure A also states in pertinent part: • "The City of Saratoga shall within one year from the effective date of this ordinance, or as soon thereafter as feasible, complete a comprehensive review of all development issues in the subject area and adopt a Specific Plan for the area pursuant to California Government Code Sections 65450 - 65553, incorporating the standards set forth in Section 4 below, and all policies and regulations required to implement said Plan." F. . On June 7, 1981, pursuant to and consistent with Measure A and Sections 65450 -65553 of the. Government Code, City adopted the Northwestern Hillside Specific Plan ( "Specific Plan "), and on April 27, 1982, pursuant to and consistent with the Specific Plan, City enacted Ordinance NS -3.47 establishing zoning regulations for the Northwestern Hillside ("NHR Zoning Regulations "), being the area covered by Measure A and the Specific Plan. Measure A, the Specific Plan and Ordinance NS -3.47 reduced the density of development below the number of lots shown on the tentative building site approval for the Subject Property. G. City has contended and still contends that SDR -1290 is subject to all provisions of Measure A, the Specific Plan and Ordinance NS -3.47, including the • density provisions thereof, whereas Hulse and Irany have contended and still contend they are entitled to divide the Subject Property into two lots, upon compliance, with all conditions for final map approval and that they are further entitled to building permits authorizing the construction of a single family residence upon Parcel B, as shown on SDR -1290. H. On September 17, 1981, Hulse and Irany commenced an action in the Superior Court of the State of California for the County of Santa Clara, entitled Irany, et al., vs. City of Saratoga, et al., Case Number 483896 ( "the Lawsuit "). Pursuant'to stipulation between the parties, no responsive pleading to the Complaint has been filed on behalf of defendants. I. The City has denied and continue to deny each and every allegation of Hulse and Irany in the Lawsuit as to all issues and in all respects. J. Without admitting the validity of any of the contentions which have, • or might have been made by any of them, the parties to this Agreement desire and intend fully and finally to compromise and to settle all such contentions and other matters in controversy among them. -2- • 611 K. Civil Code Section 1542 provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." L. This Agreement contains the entire agreement and understanding concerning the subject matter between the parties to this Agreement and supersedes and replaces all prior negotiations and proposed agreements, written and oral. Each of the parties hereto acknowledges that no other party, nor the agents nor attorneys of any other party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein to induce the execution of this Agreement, and acknowledges that this Agreement has not been executed in reliance upon any promise, representation, or warranty not contained herein. M. In addition to the settlement of all matters in controversy with respect to the Lawsuit set forth above, the parties hereto desire to settle all other claims, demands and causes of action which may exist between them. whether known, unknown, or suspected, except as they may arise from this Agreement. N. All of the parties to this Agreement hereby acknowledge that they have either been represented by independent counsel of their own choice throughout all negotiations which preceded the execution of this Agreement or have voluntarily elected not to retain counsel, and that they have either executed this Agreement with the consent of, and upon the advice of, their own counsel, or had sufficient opportunity to seek such advice. NOW, THEREFORE, it is mutually agreed as follows: 1. Recitals A through N are incorporated herein by reference. 2. In consideration of the additional public improvements to be constructed by Hulse, as described in Paragraph 5 below, and dismissal by Hulse and Irany of the Lawsuit with prejudice, as to all claims and all defendants, and subject to compliance by Hulse with the conditions set forth in SDR -1290, City agrees to grant final building site approval for the division of the Subject Property into two lots, in accordance with the tentative building site approval as originally granted by City. City further agrees to process applications and issue building and grading permits and other approvals as may be necessary for the construction of a single family dwelling -3- I and accessory uses appurtenant thereto upon Parcel B as shown on SDR -1290, • conditioned upon prior design review approval thereof and compliance with all applicable provisions of City's zoning and other ordinances, except for the density and setback provisions of the NHR Zoning Regulations and the Specfic Plan. - 1 3. From and after the effective date of this Agreement, neither City nor Hulse or Irany shall prosecute the Lawsuit, nor shall Hulse or Irany commence any new action concerning the subject matter of the Lawsuit and this Agreement. Hulse or Irany may, within one (1) year from the date hereof, reactivate the Lawsuit in the event City fails to perform any material provision of this Agreement and such action has not previously been dismissed with prejudice, in accordance with Paragraph 4 hereof. 4. Concurrent with the execution of this Agreement, Hulse and Irany shall execute a Stipulation ( "the Stipulation ") for unconditional dismissal of the Lawsuit, with prejudice, as to all claims and all defendants. The Stipulation shall be held in trust by counsel for City and shall not be filed until the time provided herein. Upon the expiration of one (1) year after the granting by City of final building site • approval for SDR -1290, or upon issuance by City of a building permit for construction of a single family dwelling upon Lot B, whichever shall first occur, counsel for City shall be authorized to file the Stipulation with the Santa Clara Superior Court and obtain an order thereon dismissing the Lawsuit, with prejudice. 5. In addition to any and all other requirements to be satisfied by Hulse for final building site approval as contained in SDR -1290, Hulse hereby agrees to perform or cause to be performed at his own expense and at no expense to City, the undergrounding of all overhead utility lines on Mt. Eden Road, commencing at the point where such utilities have been, or will be, undergrounded by the developer of Tract 6781, commonly known as the Teerlink Ranch (such point being approximately at the property line separating Tract 6781 and the land now owned by Ty Teerlink), and terminating at the point where such utilities have been, or will be, undergrounded by the developers of Tract 6701, being a distance of approximately 220 feet generally running along the frontage of the Subject Property. All such work shall be performed in a good and workmanlike manner, in accordance with plans and specifications • approved by City and the utility companies prior to the issuance of building, grading or other permits for the work.. In the event Hulse has satisfied all other conditions for -4- Sfinal building site approval except the undergrounding of said utilities, Hulse may enter into a Deferred Improvement Agreement with City providing . for the performance and completion of such work within a period of one (1) year from the date of such agreement, with performance thereunder being secured by a corporate surety bond, irrevocable letter of credit or other security. in form and amount satisfactory to City. The Deferred Improvement Agreement referred to herein shall be executed prior to final building site approval.. All construction . shall be guaranteed by Hulse against defects in material or workmanship for a period of one (1) year after the date of completion and acceptance by City. 6. As a further consideration for City's approval of said final building site approval, Hulse and Irany hereby agree that Lot B shall be subject to a Development Impact Fee to be payable at the time a building permit is issued for the construction of a new dwelling thereon, in accordance with the ordinance as adopted by City requiring the payment of such fee. • 7. Hulse and Irany hereby stipulate that measure A is a valid and enforceable initiative approved by the citizens of the City of Saratoga and that the Specific Plan and the NHR Zoning Regulations are valid and enforceable. This stipulation, shall be of no force or effect in the event. of City's breach of this Agreement. 8. Hulse, Irany and City shall bear his, her or its own attorney's fees and costs incurred in connection with the prosecution or defense of the Lawsuit and the negotiation and preparation. of this Stipulation for Settlement. 9. Conditioned upon full performance of this Agreement by all parties: (a) Hulse and Irany, on behalf of themselves and their respective agents, representatives, attorneys, employees, successors and assigns, do hereby release City, the former and present members of the City Council, their officials, officers, agents, representatives, employees, attorneys and their insurance carriers, from any and all claims, demands and /or causes of action which may exist. between them, whether known, unknown, or suspected, and I3ulse and Irany hereby waive the provisions of Civil Code Section 1542 set forth in Recital K • above. The release of unknown claims contained in this Paragraph 9(a) is a separate consideration for the release contained in Paragraph 9(b) hereof and Hulse and Irany would -5- I not have executed this Agreement or agreed to this Paragraph • 9(a) but for the release contained in Paragraph 9(b). (b) City, on behalf of itself and its officials, officers,. agents, representatives, employees, attorneys and insurance carriers, does hereby release Hulse and Irany from all claims, demands and /or causes of action which may exist between them, whether known or unknown or suspected and City hereby waives the provisions of Civil Code Section 1542 set forth in Recital K above. The release of unknown claims contained in this Paragraph 9(b) is a separate consideration for the release contained in Paragraph 9(a) hereof and City would not have executed this Agreement or agreed to this Paragraph 9(b) but for the release contained in Paragraph 9(a). 10. This Agreement may be amended by an instrument in writing referring hereto, signed by the parties. Such amendment must specifically state that it is an amendment to this Agreement. This Agreement may not be amended orally or otherwise than as set forth in this Paragraph 10. 11. Hulse or Irany shall have the right to assign all or any part of their rights or obligations under this Agreement, subject to prior written approval of City, which approval shall not be unreasonably withheld. 0 12. Hulse and Irany hereby represent and warrant to City that they collectively hold the entire legal and equitable ownership interest in the Subject Property, with full power and authority to enter into this Agreement, and that no other party has any right, title or interest in the Subject Property or the right to develop the same pursuant to SDR -1290 and this Agreement. 13. This Agreement is entered into for the benefit of the parties hereto and shall be binding upon the parties hereto, their heirs, successors and assigns. Other than the parties hereto and their heirs, successors and assigns, and the attorneys now of record in the Lawsuit, no third person shall be entitled, directly or indirectly, to base any claim or have any right arising from or related to this Agreement. 14. If it becomes necessary to enforce any of the terms of this Agreement or to declare rights hereunder, the prevailing party shall be entitled to reasonable attorneys' fees and other costs of litigation in addition to any other relief • to which he, she or it may be entitled. -6- 15. The effective date of this Agreement shall be the date upon which it is last signed by all parties. It may be signed in one or more counterparts and, when . all parties have signed the original or counterpart, such counterparts together shall constitute one original document. When so signed, this Agreement shall be filed with the Court in the Lawsuit as a Stipulation for Settlement, but the effectiveness of this Agreement does not depend upon Court approval or any Court order or orders. Dated: Dated: Dated: Dated: • Dated: Approved as to form _ and substance. HAROLD S. TOPPEL City Attorney LAUREN L. HULSE JOYCE C. HULSE FRED IRAN CHRIS IRANY THE CITY OF SARATOGA, a municipal corporation By VIRGINIA LADEN FANELLI, Mayor Attest: J. WAYNE DERNETZ, City Clerk -7- I 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA STAYING THE PERIOD OF TIME FOR EXPIRATION OF TENTATIVE BUILDING SITE APPROVAL FOR SDR -1290 WHEREAS, LAUREN HULSE and JOYCE HULSE ( "Hulse ") applied to the City of Saratoga for tentative building site approval to divide that certain real property located at 21801 Mt. Eden Road into two lots, such application being identified as SDR -1290; and WHEREAS, tentative building site approval was granted by the City on or about February 17, 1977; and WHEREAS, on September 17, 1981, Hulse commenced a lawsuit against the City in the Superior Court of the State of California for the County of Santa Clara, Case No. 483896, pertaining to the applicatiuon of the initiative ordinance known as Measure A to SDR -1290, and said lawsuit is still pending as of this date; and WHEREAS, a settlement of said lawsuit has been negotiated between the City and Hulse, as set forth in that certain Stipulation for Settlement attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, pursuant to Section 66452.6(c) of the California Government Code, Hulse has applied to the City for a stay on the period of time otherwise provided for expiration of SDR -1290, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SARATOGA AS FOLLOWS: 1. By reason of the pending litigation between the City and Hulse involving SDR -1290 and pursuant to the authority granted under Section 66452.6(c) of the Government Code, a stay is hereby approved for a period of Twenty -Six (26) months, commencing as of the expiration date otherwise applicable to SDR -1290 and terminating on May 25, 1986. 2. The stay is conditioned upon the execution by all parties of the Stipulation for Settlement, in the form of Exhibit "A" attached hereto. Passed and adopted 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: -1- ABSTAIN: ABSENT: ATTEST: CITY CLERK -2- MAYOR a I 1 U • Wk �Y service by mail. Pursuant to Section 66451.2, fees may be collected from the subdivider for expenses incurred under this section. [Amended, Chapter 479, Statutes of 19821 66452.6. Term of tentative map approvals; effect of moratoriums and law- suits upon approval time limits; extensions of time (a) An approved or conditionally approved tentative map shall expire24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 12 months. (b) The period of time specified in subdivision (a) shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence, provided however, that the length of the. moratorium does not exceed five years. Once a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map ' shall be valid for 120 days following the termination of the moratorium. (cJ The period of time specified in subdivision (a), including any. extension thereof granted pursuant to subdivision (e), shall not include the period of time during which -a lawsuit involving the approval or conditional approval of the tentative ,map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedure:. Within 40 days after receiving the. application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, includ- ing, but not limited to, notice and hearing requirements, appeal procedures and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Section 66457 without first processing a new tentative map. Once a timely filing is made pursuant to Section 66457, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map.. (e) Upon application of the subdivider filed priorto the expiration ofthe approved or conditionally approved tentative map, the time at which the map expires may be extended by the legislative body or by an advisory Agency authorized to approve or conditionally approve tentative maps fora period or periods not exceeding a total of three years. If the advisory agency denies a subdividers application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium shall include a water or sewer moratorium or a water and sewer moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land, other than the public agency with the authority to approve or conditionally approve the tentative map, which — 30 — I"` AGENDA BILL N0: 839 DATE: April 25, 1985 DEPARTMENT: Maintenance SUBJECT: Purchase of Tow Type Paver Initial: Dept. Head: City Atty: City Mgr: Issue Summary A Tow Type Paver was authorized for purchase in the 1984 -85 capital budget. $23,000 was budgeted for this purpose. The City of Saratoga received three bids, the low bid is from Golden State Equipment Company, Inc. for $19,527.50. Recommendation Authorize purchase of Tow Type Paver. Fiscal Impact Purchase amount $19,527.50. Attachments Copy of bid. Bid Summary. Council Action 5/l: Awarded to low bidder 4 -0. 1 ,r CI'T'Y Ol.' MAINTENANCE DEPARTi111,NT TOW TYPE PAVER BID FCRM Bids must be submitted by April 25',_.1985 2:00 p.rm. Please complete the following: .1 . - _ . 1. COST OF NE ?7 "_'C1-'T TYPE , PAV?',R 18, 750.00 '2: AMOUNT OF TRADE -IN (500.00) 3. NET -COST =_., 18, 250.00 Sales Tax 1,277.50 Total _ 19,527.50 30 • Days From the lime Ylut iori 2ation DELI;'E:1Y' D,, to f'ui °chase is Received From the City DEVI,,TTO'_'S FR0:.'1 SPI,CTFTCATTnN , Note if deviations exist. Attach separate sheet outlini, nc DID VALID UNTIL 5 -25 -85 C O: iP ANY OR DEALER NAME Golden State Equipment Companv, Inc. Address Phone Number Person Responsible For Bid Title 44875 Fremont Boulevard Fremont, CA 94538 ( Al S 1 tiS-7_nan-4 President TOW TYPE PAVER BID SUMMARY Golden State Equipment Company, Inc. Fray Equipment Company, Inc. Cost of new Tow Type Paver $ 18,750.00 Amount of trade -in (500.00) Net cost 18,250.00 Sales tax 1,277.50 Total $ 19,527.50 I Columbia Equipment, Inc. Cost of new Tow Type Paver $ 21,000.00 Cost of new Tow Type Paver $ 19,950.00 Amount of trade -in (750.00) Amount of trade -in (500.00) Net cost 20,250.00 Net cost 19,450.00 Sales tax 1,599.75 Sales tax 1,264.25 Total $ 21,849.75 Total $ 20,714.25