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HomeMy WebLinkAboutCC Resolution 6739 (Santa Margarita Drive)RESOLUTION NO. 6739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GRANTING APPROVAL OF A CERTIFICATE OF COMPLIANCE FOR 334 AND 340 SANTA MARGARITA DRIVE (Lots 23 and 24, Record Map -Book 6, Page 16 ) WHEREAS, the application has been received for Certi- ficates of Compliance for 334 and 340 Santa Margarita Drive, also known as Lots 23 and 24 of the "Westland Terrace Subdivision Unit #2" recorded in Book 6, Page 16 of Marin County records, August 1946; and WHEREAS, City Staff has determined that the subject lots are commonly owned and are subject to merger pursuant to the City's Merger Ordinance (15.10 of the Municipal Code) because each lot is undeveloped and substandard by virtue of the City's Slope Ordinance (15.32 of the Municipal Code); and WHEREAS, the Certificate was referred to the City Council which, pursuant to the Merger Ordinance, is charged with the responsibility of hearing evidence and making determinations regarding lot mergers; and WHEREAS, the City Council held a duly noticed public meeting on the requested Certificates and concluded that the Cer- tificates should be granted and the properties not merged because: 1. Granting of the Certificates is consistent with previous City action on two similar lots located directly adjacent to the properties in question. 2. All surrounding lots in this record subdivision are of similar size, shape, and most are developed with single family structures. The surrounding single family developments are evidence that the subject sites can provide an adequate building site with a reasonable and realistic access. The Slope Ordinance allows lots with lesser width and area than required by percent of slope upon demonstration of reasonable and realistic access and an adequate building site. 11ES�LUT ION NO. 6 NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council hereby directs City staff to issue individual Certifi- cates of Compliance for 334 and 340 Santa Margarita Drive based upon the following findings of fact and with condition (a) as noted below: 1. This action is consistent with previous City Council action granting Certificates of Compliance for Lots 25 and 26 of this record subdivision. The City Council in January 1983 issued individual Certificates for those lots which have similar characteristics (size, slope, width, etc.) and were created by the same record subdivision. ("Westland Terrace," August, 1946). 2. Although said lots have lesser area and width as required under 15.34.020 of the Slope Ordinance, such lots possess sufficient area and width to provide a reasonable and realistic access to an adequate building site. Under the Slope Ordinance Section 15.34.020(c), the City may approve lots with lesser width and area than required by 15.34.020(a) upon such demonstration of reasonable and realistic access to an adequate building site. CONDITION A (a) Design review by the Planning Director shall be required for the development of each building site. This requirement shall be noted on the Certificates of Compliance. Adequate geotechnical review shall ac- company each application to insure proper design of foundations, retaining walls, etc. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday—, the Twenty -First day of February 1984, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26.1 B/29 . LEONCIN , City Clerk 2 - THIS AGRI",EMENT, made on the 21st clay of February 19 84 by and between tht- CITY OF SAN RAFAEL, party of the first part, hereinafter called the OWNER, and MAGGIORA AND GHILOTTI, INC. party of the second part, her(-Anafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, agree as follows: ARTICLE I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled PUMP STATION MODIFICATION - VICINITY OF 555 FRANCISCO BLVD. EAST PROJECT NO. 19-1998957 _ all in accordance with the requirements and provisions of the Contract Documents as defined in the General Conditions which ars_ Hereby made a part of this Agreement: ARTICLE 11 - Time of Comt)letion (a) The work to be performed under this Contract shall be commenced within 5 calendar days after the date of written notice by the Owner to the Contractor to proceed. (b) The work shall be completed within 15 working days after the date of such notice and with such extensions Of time as are provided for in the General Conditions. ARTICLE III - Acceptance and Final Payment (a) Upon receipt of written noticf: that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and thr. Contract fully performed he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the teri;ls and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the Owner within 15 days after the expiration of 35 days following; the date of recordation of said Notice of Completion. (b) Before fLnal payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment •j. surety gond satisfactory to the Owner guaranteeing payment )f all such disputed amounts when adjudicated in cases whore such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall con- stitute :1 waiver of all claims by the Owner, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the Owner shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not con- stitute a waiver of claims. ARTICLE IV - Payment (a) The Contract Sum. The Owner shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the included schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. AGREENI1 `T ( Cori t ' ci ) Pyi"1IENT SCHEDULE FOR PROJECT: PUMP STATION P:ODIFICATION VICIiJITY OF 555 FRAI4CISCO BLVD. EAST PROJECT NO. 19-1998957 ITEM ITE`„ UNIT UNIT PRICE N0. 1. CONCRETE CAP AND CURB L.F. $ 40.00 2. GROUTING C.Y. $265.00 3. RAISING EXISTING A.C. BERM Ton $285.00 4. VINYL COATED CHAIN-LINK FENCE S.F. $ 12.00 TYPE A 5. VINYL COATED CHAIN-LINK FENCE S.F. $ 13.50 TYPE B 6. HANDRAIL L.S. $800.00 7. ---------------------------------------------------------------------- ---------------------------------------------------------------------- WOODEN STAIRCASE L.S. $600.00 7 (b) Progress Payments. 1. On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job Lip to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the Owner and/(>r Contractor. 2. On not later than the 15th day of the month, the Owner shall, after deducting previous payments made, pay to the Coi:tractor 90% of the amount of the estimate as al)proved by the Public Works Department. 3. Fina, payment of all moneys due shall be made within 15 d;iys after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. 4. The Contractor may elect to receive 100% of payments due cinder the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value, with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, sha11 be valued by the public agency's Finance Dire, --tor (Treasurer), whose decision on valuation of the securities shall be: final. IN WITNESS WHEREOF the parties hereto have executed this Agree- mt•nt, the day and year first above written. APPROVED: tk.• City Attorney P�--�IC WORKS EPARTMENT CITY OF SAN RAFAEL Mayor City Jerk CONTRACTOR MAGGIORA & GHILOTTI, INC. By:lL---