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.
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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---