HomeMy WebLinkAbout05-30-1985 CITY COUNCIL STAFF REPORTSCITY OF SARATOGA
AGENDA BILL NO. 00.3 INITIAL DEPT. HD.
DATE: May 30, 1985 C. ATTORNEY
DEPARTMENT: City Attorney C. MGR.
SUBJECT: Cancellation of Deferred Improvement Agreement for Tract 7578 (Floyd
Gaines)
Issue Summary The City and Floyd Gaines executed and recorded a deferred
improvement agreement for undergrounding of utilities along Oak Street. The
agreement constitutes a blanket encumbrance against all of Tract 7578, consisting of
six condominium units developed by Mr. Gaines. The California Department of Real
Estate would not approve such encumbrance and Mr. Gaines has therefore requested
that the original agreement be cancelled and replaced by six separate agreements,
each covering an individual condominium unit. This change would not adversely affect
the City's rights under the deferred improvement agreement and does not change the
financial obligation of each unit owner under the original agreement.
Recommendation Adopt resolution cancelling deferred improvement agreement
for Tract 7578. The cancellation would not be effective until the six replacement
agreements have been executed and recorded.
Fiscal Impacts None
Exhibits /Attachments (1) Proposed resolution; (2) Original deferred improvement
agreement.
Council Action
6/5: Adopted Resolution 2243, 3 -0.
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Dl- :PlAWI D I:� Pl(0'J(::1C(:T ACM1C 11IaYi BY O;JNI:R 01( IIIS 1 /99NGE
SUCCESSORS IN 11:11:10-'ST TO CO :!STRUCT LAND 4G.3
ul'.y1i1.o1':dl:N1' I111'ItUI'I(NIiN'I'S
Project identification: TRACT 757U
This agreement between the CITY OF SARATOGA, hereinafter referred
to as CITY, and —FJ4vd Gaines
hereinafter referred to as "Owner".
WHEREAS, Owner.desires to-develop the property described-in Exhibit
"A" but wishes to defer construction of permanent' improvements beyond'the
time limits otherwise required and City agrees to such deferment provided
Owner agrees to construct improvements as herein provided.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. AGREE ?LENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title and posses-
sion of the real property described in Exhibit "A ". ` All the terms, cove -
nants and *conditions herein imposed shall be binding upon and inure. to the
benefit of the successors in interest of'bwner. upon any sale or division
of the property described in Exhibit "A ", the terms of this agreement shall
0 apply separately to each parcel and the owner of each parcel shall succeed
L''1 to the obligations.imposed on Owner by this agreement.
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II. STREET AND DRAINAGE IMPROVEMENTS
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A. City and Owner agree that the improvements set forth in this
section may be deferred because :'
�.; W U'ti The Public interest is served by having all overhead utilities
to underground along Oak Street, in this area done at one time,
f L' that time to'be determined in. the future.
LL. L; B. Owner agrees to construct the following improvements on the pro -
L: perty described in Exhibit "A" as well as required off site improvements in
the manner set forth in this agreement:
�- Improvements required by City Department of Public Works are gel
orally described on Exhibit "B ". (Cross out improvements that are not re-
quired.)
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12. Payment of a pro rata share of
the costs as determined by the
Dept. of Public Works of a storin
drainage or street improvement
which has been, or is to be,-
provided by others or jointly
provided by ow-ner and others
where such facility benefits the
property described in Exhibit 'A"
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ciry or SARATC6q / .,((,y O.I.
3777 ��QUITVAL6 14vt AUG �6 �IJ22'u
S
4RA_r0aA� GAl u q p
0FF'iCi ;,L RECC•RDS
$,ih i',1
COUNTY
'• '. R: r: flECJRDFR r�
Dl- :PlAWI D I:� Pl(0'J(::1C(:T ACM1C 11IaYi BY O;JNI:R 01( IIIS 1 /99NGE
SUCCESSORS IN 11:11:10-'ST TO CO :!STRUCT LAND 4G.3
ul'.y1i1.o1':dl:N1' I111'ItUI'I(NIiN'I'S
Project identification: TRACT 757U
This agreement between the CITY OF SARATOGA, hereinafter referred
to as CITY, and —FJ4vd Gaines
hereinafter referred to as "Owner".
WHEREAS, Owner.desires to-develop the property described-in Exhibit
"A" but wishes to defer construction of permanent' improvements beyond'the
time limits otherwise required and City agrees to such deferment provided
Owner agrees to construct improvements as herein provided.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
I. AGREE ?LENT BINDING ON SUCCESSORS IN INTEREST
This agreement is an instrument affecting the title and posses-
sion of the real property described in Exhibit "A ". ` All the terms, cove -
nants and *conditions herein imposed shall be binding upon and inure. to the
benefit of the successors in interest of'bwner. upon any sale or division
of the property described in Exhibit "A ", the terms of this agreement shall
0 apply separately to each parcel and the owner of each parcel shall succeed
L''1 to the obligations.imposed on Owner by this agreement.
Lo
II. STREET AND DRAINAGE IMPROVEMENTS
d C'l .
-L M
A. City and Owner agree that the improvements set forth in this
section may be deferred because :'
�.; W U'ti The Public interest is served by having all overhead utilities
to underground along Oak Street, in this area done at one time,
f L' that time to'be determined in. the future.
LL. L; B. Owner agrees to construct the following improvements on the pro -
L: perty described in Exhibit "A" as well as required off site improvements in
the manner set forth in this agreement:
�- Improvements required by City Department of Public Works are gel
orally described on Exhibit "B ". (Cross out improvements that are not re-
quired.)
5 Fa$a La i�'r.
rrc,.d fae lieie.s
- wirifrg
id Pull b_:.
9 . Ba r v i
�iW1iL' L'-- i'144i:.01: --�0 •. a :, �� F F s a c a•t y
ao rte- tit y
I I Re
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6;L81:jr '14A
12. Payment of a pro rata share of
the costs as determined by the
Dept. of Public Works of a storin
drainage or street improvement
which has been, or is to be,-
provided by others or jointly
provided by ow-ner and others
where such facility benefits the
property described in Exhibit 'A"
1 '799 ;'!c 464
C. ldhc -n the Di reet.ur of Puhl is forks dc•tertnhwn that the reasons
for the deferment of the improvements as set forth in Section II no longar
exist, he shall notify Owner in writing; to commence their installation and
f construction. The noLic'e•shall l.c mailed to the current owner or owners
of the land as shown on the latest adopted county assessment roll. The'
notice shall describe the work to be done by owners, the time within which
the work shall commence and the time within which it shall be completed.
All or any portion of said improvements may be required at' a specified
time. Each Owner shall participate on a pro rata basis in the cost of the
imorovcmcnts to be installed. If Owner is obligated to pay a pro rata
share of a cost of a facility provided by others, the notice shall include
the amouncto be paid and the time when payment must be made.
III. PERFORNMCE OF THE WORK
Owner agrees to perform the work and make the payments required by
City as set fo -th herein or as modified by the City Council. Owner shall,
cause plans Pad specifications for the improvements to be prepared by com-
petent persons legally::qualified to do the work and to submit said improvr
client plans and specifications Tor approval prior to commencement of the
work described in the notice, and to pay City inspection fees. "The work
shall be done in accordance with City standards in effect at the time the
improvement plans are submitted for approval. .Ocmer agrees to commence
and complete the work within the time specified in the notice given by the
Director Of Public Works and to notify the City at least 48 hours prior tc
start of work. In the event Owner fails to construct any improvements re-
quired under this agreement, City may, at its option do the work and colic
all the costs from Owner', which costs shall be a lien on all. the property
described in Exhibit "A" hereof. Permission to enter onto the property
of the Owner is granted to City or its contractor as may be necessary to
construct such improvements.
IV. JOINT COOPERATIVE PLAN '
Owner agrees to cooperate upon notice.by City with other property
owners,,.the City.and.other public agencies to provide the improvements
set forth herein-under a joint cooperative plan including the formation
of a local improvement district, if this method is feasible to secure the
installation and construction of the improvements.
V REVIEW OF REQUIREIKENTS
If Nn er disagrees with the requirements set forth in any notice
to commence installation of improvements he shall, within 30 days of the
date the notice was. mailed, request a review of the requirements by the
City Council. The decision of this Council shall be binding upon both
the City and the Owner.
VI TJAINTENANCF. OF IMPROVE;fENTS
City agrees to accept for maintenance those improvements specified
in Section II which are constructed and completed in, accordance with City
standards and requirements and are installed within rights -of -way or ease
ment's dedicated and accepted by resolution of the City, after the expira-
tion of one year from date of satisfactory completion, Owner to maintain
said improvements at Owner's sole cost and e%pense at all times prior to
such acceptance by City.
Owner agrees to provide any necessary temporary drainage facilities
access road or other required improvements, to assume responsibility for
the proper fu,-cctioning thereof, to submit plans to the appropriate City
agency for review, if required, and to maintain said improvements and
facilities in a manner which will preclude any hazard to life or health
or damage to adjoining property.
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1 • v9 p'GE 46x5
VII. BONDS
Prior to approval of improvement plans by the City, Owner may be
required to execute and deliver to City a faithful performance bond and
•a labor and materials bond in an an)ount and form acceptable .to City, -to
be released by City Council in whole or in part upon completion of the
work required and payment of all persons furnishing labor and materials
in the performance of the work.
VIII. INSURANCE
Owner shall maintain or shall require any contractor engaged to
perform the work to maintain, at all times during.the performance of the
work called for herein, a separate policy of insurance in a form and
amount acceptable to City.
IX. INDEMNITY
The Owner shall assume the defense and indemnify and save harmless
the City, its officers, agents and employees, from every expense, liability
or payment by reason of injury, including death, to persons, or damage to ,
property suffered through any act or omission, including passive negligence
or act of negligence, or both,'of the Owner, his employees, agents, con-
- tractors, subcontractors, or his employees, agents, contractors, subcontrac-
tors, or anyone directly or indirectly employed by either of them, or
arising in any way from the work called for by this agreement, or any part
of the premises, including those matters arising out of the deferment of
permanent drainage facilities or the adequacy, safety, use or non -use of
temporary drainage.facilities, the performance or non - performance of the
work.
IN 14ITNESS WHEREOF, City has executed this agreement as of
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. Ci OF SARATOGA n,
MA OR
IN 14ITNESS WHEREOF, Owner has executed this agreement as bf' 6
;::7
Own r
(This document to be acknowledged with signatures as they appear on
deed of title.)
APPROVE AS TO FORM:
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9 9 p� 4-6 7
E}QiIBIT "A"
That certain property situated in the city of Saratoga, County of
Santa Clara, State of California, more particularly described
as follows:
The land designated as Tract 7578 shown on
Tract Map prepared by Harrison, Teasly &
Associates, inc. recorded in Book 5 3Z
Pages zl-30, in the Santa Clara County
Recorders Office,
E7QiIBIT "B"
Install overhead'utlities underground along Oak Street.
GENERAL ACKNOWLEDGMENT NO. 2(h
State of California Onthisthe 26 —da of July 84
Y 19_, before me,
SS. 9�qq
County of Santa Clara Irene M. Pollard 7'"•° -C=46R
the undersigned Notary Public, personally appeared
C1c1-'ICIAL SEAL Floyd F. and Arvilla J. Gaines
k +^ IP,F. ,IE 10 POLLARD
;' *: •' NOTn"} PuOuC - CALIFORNIA C personally known tome
$19TA CLABA COUNTY ❑ proved tome on the basis of satisfactory evidence
My c3mm. e><DIr2: OCT 31, 19U .�:� to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed it.
WITNESS my hand and official �seal.
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Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 V-1.1. Blvd. • P.O. 0- 1025 • W dl-d Hills. CA 91301
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'19 p� 4-b 7
EXhIBIT "A"
That certain property situated in the city of Saratoga, County of
Santa Clara, State of California, more particularly described
as follows:
The lard designated as Tract 7578 shown on
Tract Map prepared by Harrison, Teasly &
Associates, inc. recorded in Book -5 3?-
Pages24_30,in the Santa Clara County
Recorders Office,
EXHIBIT "B"
Install overhead utlities underground along Oak Street.
. x
CITY OF SARATOGA
AGENDA BILL NO. <O INITIAL DEPT. HD.
DATE: May 30, 1985 C. ATTORNEY V6-r
DEPARTMENT: City Attorney C. MGR.
SUBJECT: Designation of Interim City Manager
Issue Summary A vacancy in the office of City Manager will exist as of July 1, 1985.
In the absence of the City Manager, the Finance Director has customarily served as
the Acting City Manager but this position will also be vacant as of July 1, 1985.
Consequently, it is necessary to designate an interim City Manager with authority to
carry out the responsibilities of this office until the vacancy has been filled.
Recommendation Adoption of resolution designating Robert S. Shook as interim
City Manager.
Fiscal Impacts None
Exhibits /Attachments Proposed resolution.
Council Action
6_/5: Adopted Resolution 2242,.3 -0.
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CITY OF SARATOGA
AGENDA BILL NO. (p INITIAL DEPT. HD.
DATE: May 30, 1985 C. ATTORNEY
DEPARTMENT: City Attorney C. MGR.
SUBJECT: Fire Services Task Force report on early warning fire alarm system
Issue Summary The Fire Services Task Force has completed its review of the early
warning fire alarm system currently operated by the Saratoga Fire District and has
submitted its report and recommendations to the Council. At the last meeting of the
Task Force, each recommendation was discussed and the chiefs of both the Central
and Saratoga Fire Districts expressed their concurrence with the report.
Recommendation Consider report and determine whether and to what extent the
system should be expanded to other areas of the City. If expansion is desired, the
policy decision will be added to the safety element of the General Plan and
implemented through appropriate amendments to the subdivision and zoning ordinances
and the building regulations.
Fiscal Impacts None - cost of the system will be paid by the users.
Exhibits /Attachments Fire Services Task Force report dated May 24, 1985.
Council Action
6/5: Approved .Items 1 -3 and directed a further study session.
7/17: Accepted report and directed City Attorney to proceed with appropriate
amendments..
t
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May 24, 1985
Report of the Fire Services Task Force
The Fire Services Task Force was requested by the City Council
to make recommendations on the expansion of the Early Warning
Fire Reporting System. The Fire Services Task Force makes the
following recommendations:
1. The Early Warning Fire Reporting System should be required
in all new dwellings over 5,000 square feet and in 50%
expansion of existing dwellings with a total footage which
exceeds 5,000 square feet.
2. The Early Warning Fire Reporting System should be required in
all new multiple occupancy living quarters such as hotels,
motels, apartment units, condominiums, town houses and rest
homes.
3. New commercial buildings should be evaluated for full Early
Warning System requirements on an individual basis by the Fire
Chief responsible for fire service in the jurisdiction of the
new building site.
4. Each District Fire Chief should retain authority and responsi-
bility for the installation ',of'the Early Warning Fire Reporting
System in his jurisdiction. Installation responsibilities in-
clude the design plan for detectors, a spot check of detectors,
final inspection, programming of information for hook -up and
hook -up to an alarm system. Central Fire District may choose
to develop its own system and should have the discretion to
determine the choice of the alarm notification to a monitoring
station.
5. The Fire Chiefs should establish standardized fees for the
City. Fees should be based on a cost recovery basis.
S
6. The Early Warning Fire Reporting System ( EWFRS) should be
monitored by trained technicians on a 24 hour basis. Current
Saratoga Fire District operation assures monitoring by fire
fighters trained to monitor. It is .anticipated that by mid
or late 1986, or when 100 structures are on line with the
system, that it will be necessary to employ a full -time techni -.
cian. The Task Force recommends that the Saratoga Fire District
forward to the City an operational plan for 24 hour coverage.
7. Mandatory retrofit of the EWFRS for commercial structures was
not considered appropriate, but concern was raised about in-
creasing fire safety in older structures in the Village.
8. The City should support increased fire safety for new and
existing dwellings and commercial buildings. This could be
accomplished by optional installation of the EWFRS and by
optional installation of automatic sprinklers.
9. The Saratoga Fire District and the Central Fire. District
should submit annual reports to the City and to each other.
Reports should include current, activities and planned goals
and activities for the next five years.
The Fire Services Task Force studied the Early Warning Fire
Reporting System in depth including .the Saratoga Fire District's
financial and operational plans. The Task Force accepts the
integrity. -of the system, the use of current technology, the back-
up measures and the system components. The EWFRS is capable of
handling more hook -ups, up to 999. Costs for the Saratoga Fire
District and for consumers decrease as more units are brought in-
to the system. Standardized fees, uniform procedures and coopera-
tion between the two fire districts can insure a fair process and
equitable service throughout Saratoga.
Discussion about Underwriters Laboratories' certification with
Douglas A. Anderson, Associate Managing Engineer for Underwriters
K
Laboratories,.revealed that UL certification is for central
alarm stations and is not indicated for residential municipali-
ties. Mr:: Anderson stated that Saratoga is way ahead of national
fire protection with the EWFRS residential monitoring.
The Task Force would .like to express its appreciation to Harold
Toppel, City Attorney, who offered to meet with the Task Force on
a regular basis. Mr. Toppel was invaluable in presenting the
City's legal position and authority and in clarifying the issues.
The Task Force would like to acknowledge and thank Chief Ernest
Kraule and Chief Douglas Sporleder for their willingness to pro-
vide information, respond to questions with directness and to act
as technical experts. They helped us resolve jurisdictional
issues and respected the Task Force's responsibility for objective
analysis and recommendations.
Saratoga's unique position of being served by two fire districts
requires unusual communication and cooperation between the dis-
tricts, between the districts and the City and between the dis-
tricts and the residents. The Fire District Task Force recognizes
that advances in equipment and technology will permit improvement
in systems and service. The Task Force believes that the City of
Saratoga with the aid of the two fire districts will be able to
address future fire safety issues with a pro- active rather than a
re- active stance.
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1985 FIRE SERVICES TASK FORCE
Joy Drinker, Chairman
14711
Fruitvale Ave.
867 -1974
Vince Garrod
- 226.00
Mt. Eden Road
867 -9145
Jay Geddes
13917
Lynde Avenue (H)
867 -1735
(W)
284 -2029
John Saunders
13570
Beaumont Avenue
867 -6846
Ralph Stepp
13662
Old Tree Way
867 -3176
Resource People
Chief Ernest Kraule
Saratoga Fire District
Chief Douglas Sporleder
Central Fire District
Harold S. Toppel
City Attorney
14380 Saratoga Avenue 867 -9001
3071 Driftwood Drive.. 378 -4010
San Jose 95128 -4499
P. 0. Box 279 (415) 967 -6941
Mountain View 94042