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HomeMy WebLinkAbout05-18-1994 CITY COUNCIL AGENDASARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. �` AGENDA ITEM MEETING DATE: MAY 18, 1994 CITY MGR. ORIGINATING DEPT.: PUBLIC WORKS SUBJECT: SD 91 -002 (15425 Monte Vista Dr.) - Final Acceptance of Public Improvements and Release of Maintenance Security Recommended Motion(s): Move to grant final acceptance of the public. 'improvements constructed as part of SD 91 -002 and authorize release of the maintenance security. Report Summary: All of the public improvements constructed as part of SD 91 -002, the four lot subdivision located at 15425 Monte Vista _ -. Drive, have been- satisfactorily maintained since Construction Acceptance was granted on March 17, 1993. Consequently, and in accordance with the terms of the subdivision improvement agreement for the project, the City should accept the improvements at this time and authorize release of the maintenance security. Fiscal Impacts: The public improvements, which consisted of improvements to Monte Vista Dr., will not result in any direct fiscal impacts on the City. Monte Vista Dr. was already a public street and no additional street mileage was added to the City maintained street system by this development. . The maintenance security to be released is a $1,000 cash deposit. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The public improvements would not receive final acceptance and the maintenance security would not be released. The Council would need to instruct staff as to what additional work should be performed by the developer so that final acceptance of the improvements could be granted and the maintenance security released. Follow Up Actions: The $1,000 maintenance security will be released to the developer. Attachments: 1. Receipt No. 23369 which includes $1,000 refundable . deposit (maintenance security). v RECEIVED FROM OFFICIAL RECEIPT EMT of O &MA-a "Z S& 13777 FRUITVALE AVENUE SARATOGA, CA 95070 PHONE: (408) 867 -3438 DATE T&& o't / 19 4?Z I DATE INVOICE AMOUNT 90 -3577 1211 A.R. WOOLWORTH 1363 167 SO. SAN ANTONIO ROAD, N14 LOS ALTOS, CA 94022 (.is) qqq -2geo PAY�L �� ®On DOLLARS T&W WWO : �/rA/TV.0 /U LCD f L15 AaZ ADDRESS-140!Z . , Al ti APPEALS 9000 9545 INSPECTION FEES 9000 9512 - BUILDING PERMITS 9000 9511 INTEREST 9000 9810 BUILDING RENTALS 4041 9812 INVESTMENTS 0001 0008 BUS TICKETS 0001 1012 MOTOR VEHICLE LICENSE 9000 8010 BUSINESS LICENSE TAX 9000 7550 PARK RENTAL FEES 4041 9813 CASH OVER / (SHORT) 9000 9885 PLANNING FEES 9000 9514 CIGARETTE TAX 9000 8030 RAT BAIT 9000 9890 CONSTRUCTION TAX 9000 7540 REFUNDABLE DEPOSITS 0001 1045 DOO DOCUMENT TRANSFER TAX 9000 7520 REFUNDS & REIMBURSEMENTS 9000 9890 ENGINEERING FEES 9000 9513 SALE OF MAPS & PUBLICATION 9000 9850 FALSE ALARM FEES 9000 9520 SALES TAX 9000 7510 FAU EXCHANGE 9140 8550 SB 813 REASSESSMENTS 9000 7050 FINES & FORFEITURES 9000 9860 SECURED PROPERTY TAX 9000 7010 FRANCHISE FEES 9000 9010 SUBDIV. PARK DIED. FEES _ 9310 955013 4l0'i0 F. E. M. A. 9000 8510 TRANSIT ASSIST 0001 1013 HAKONE DEPOSITS 0001 1046 TRANSIT OCCUPANCY 9000 7560 i HIGHWAY USERS TAX -2106 9140 8060 UTILITY USERS TAX 9000 7530 HIGHWAY USERS TAX -2107 9140 8070 VEHICLE CODE FINES 9130 9865 H.O. P. T. R. 9000 8040 XEROXING 9000 9890 r APPLICATION NO. OR 4104 �S7 Z� Mon YK-S I ADDRESS OF PROJECT: 7C 19-1 TOTAL $ - t i RECEIVED BY DEPT. 23 I DATE INVOICE AMOUNT 90 -3577 1211 A.R. WOOLWORTH 1363 167 SO. SAN ANTONIO ROAD, N14 LOS ALTOS, CA 94022 (.is) qqq -2geo PAY�L �� ®On DOLLARS T&W WWO DATE TO THE ORDER OF ., DESCRIPTION NET AMOUN� Al ti rnd �cca /000 FOOM LOS ALTOS OFFICE Bank 30 WHITNEY STREET LOS ALTOS, CA 94022 II10OL3630 l:L2L13S? ?31: 0 L 2 217Le 71no a• if SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 cps AGENDA IT MEETING DATE: MAY 18, 1994 ORIGINATING DEPT.: PUBLIC WORKS CITY MGR. DIRECTOR SUBJECT: Resolution removing two -way bicycle lanes on certain portions of Via Roncole and Prospect Road Recommended Motion(s): Move to adopt the Motor Vehicle Resolution removing two way bicycle lanes on certain portions of Via Roncole and Prospect Road. Report Summary: The City was recently requested to consider the removal of the two way bicycle lanes .on Via Roncole and Prospect Road which were created via the adoption of Motor Vehicle Resolution No. MV -67 by the City Council on July 18, 1973. Attached is another Motor Vehicle Resolution which, if adopted, would effectively rescind Resolution No. MV -67. The request was considered by the Bicycle Advisory Committee at their meeting on January 24 and the Committee recommends to the Council that the bicycle lanes be removed. As explained in the attached staff memo dated February 1, the bicycle lanes were originally created to assist children from Saratoga who attended the Hoover Elementary School in San Jose which was north of Prospect Road. However, since the Hoover School was closed in 1981, the bicycle lanes no longer serve their intended purpose and I concur with the recommendation of the BAC to remove them. Fiscal Impacts: The estimated cost of the City's labor and equipment to remove the bicycle facilities is $2,500 and sufficient funds exist in Activity No. 33 (Traffic Control) to cover this expense. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: Resolution No. MV -67 will remain in effect and the bicycle facilities will not be removed. Follow Up Actions: A work order will be initiated to remove the bicycle facilities. Attachments: 1. Motor Vehicle Resolution removing bicycle facilities. 2. Staff memo dated February 1, 1994. 3. Resolution No. MV -67. RESOLUTION NO. MV- RESOLUTION REMOVING TWO WAY BICYCLE LANES ON CERTAIN PORTIONS OF VIA RONCOLE AND PROSPECT ROAD IN THE CITY OF SARATOGA The City Council of, the City of Saratoga hereby resolves as follows: SECTION I: The following portion of Section I of Resolution No. MV -67 (adopted July 18, 1973) is hereby rescinded and no longer in effect: Name of Street Description Via Roncole Two -way bicycle lane consisting of two contiguous 3.75 foot strips located on the westerly side of Via Roncole between Ritanna Court and Prospect Road. Prospect Road Two -way bicycle lane consisting of two 3.75 foot strips located on the southerly side of Prospect Road between Via Roncole and Galway Drive. The remainder of said Resolution No. MV -67 not in conflict with this resolution shall remain in full force and effect. This section shall become effective at such time as the proper signs, pavement markings, asphalt concrete berms and path are are removed. The above and foregoing resolution was .passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the day of , 1994, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR RESOLUTION NO. A RESOLUTION ESTABLISHING BICYCLE LANES UPON, AND PROHIBITINs PARKI;G ON; CERTAIN PORTIONS OF VIA RONCOLE A \D PROSPECT ROAD IN THE CITY OF SARATOGA The City Council of the �ity of Saratoga does hereby resolve as follows: Section 1: Based upon an engineering and traffic study and pursuant to Section 9- 71.15.of the Saratoga City Code, the following designated portions of streets in the City of Saratoga are hereby declared to be bicycle lanes, and the following limits for parking of motor vehicles are hereby established for said bicycle lanes: Name of Street Location and Description Via Roncole Two -way bicycle lane consisting of two No Parking Anytime contiguous 3.75 -foot strips located on the westerly side of Via Roncole between Ritanna Court and Prospect Road. Prospect Road Two -way bicycle lane consisting of two 3.75 -foot strips located on the southerly side of Prospect Road between Via Roncole and Galway Drive. This section shall become effective at such time as the proper signs and markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 18th day of July, 1973, by the following vote: AYES: NOES: ABSENT: MAYOR ATTEST: rip A sAR 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 MEMO TO: Director of Public Works FROM: Erman Dorsey, Sr. Engr. Tech`,- SUBJECT: Asphalt Concrete Path and Berms on Via Roncole and Prospect Road DATE: February 1, 1994 COUNCIL MEMBERS: Karen Anderson Ann Marie Burger Willem Kohler Victor Monia Karen Tucker �r�k�c9c4c* �Y�c�Y�Fic�k�k�Y9c�k* �t�k�k4c�t�Y�cic4c�k�c* �Iric�F�t9c�kic�k *�k�c�F *�F�F�kic�c�r�c�c�r k9r�F�k�c�r�k�k *�F *�Fir�k At it's January 24, 1994 meeting, the Bicycle Advisory Committee unanimously recommended that the asphalt concrete pathway on Via Roncole and the asphalt concrete berms on Via Roncole and Prospect Rd. be removed. The following is a history of how these improvements came to be: In the early 1970's quite a few Saratoga students attended Hoover School located in San Jose north of Prospect Road. This required a marked yellow school crosswalk across Prospect Road at Galway. As growth increased off of Via Roncole including the extension southerly of the railroad tracks on Arroyo De Arguello, the bicycle and pedestrian volumes grew. These volumes were largely school related. A neighborhood traffic study was conducted, at the urging of residents, by the consulting firm of De Leuw, Cather & Company, which was submitted to the City in March of 1973. Included in this report was the recommendation to create a two -way bike and pedestrian way along the westerly side of Roncole between Ritianna Ct. and Prospect Road; and a two -way bike lane along the southerly side of Prospect Road between Via Roncole and the crosswalk at Galway. Printed on recycled paper. In the summer of 1973 an asphalt concrete berm was constructed along the southerly side of Prospect Road between Via Roncole and the crosswalk at Galway, out from the curb allowing free movement of bicyclists traveling two ways and separated from traffic. Also at this time a 7.5' wide raised asphalt concrete pathway was added onto the westerly curb on Via Roncole between Maureen Way and Prospect Road, and an asphalt concrete berm was placed between Maureen Way and Ritanna Court to allow both pedestrians and bicyclists to travel two ways while separated from traffic. On July 18, 1973 the City Council adoped Resolution No. MV -67 establishing two -way bicycle lanes on Via Roncole and on Prospect Road along with prohibition of parking along the westerly side of Via Roncole between Ritanna Court and Prospect Road. Hoover School was closed in 1981, and subsequently torn down, with the site turning into single family homes. The need for the crosswalk across Prospect Road was no longer necessary and it has been removed. It is now evident that the berms and pathway are no longer needed, therefore I concur with the recommendation to remove them and rescind Resolution No. MV -67. Maintenance Superintendent Enriquez has indicated to me, that it would take the City's Maintenance crew two to three days to remove the berms and pathway. Also, Via Roncole is on our upcoming Slurry Seal Program - so any pavement scars would be covered over. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2-44 (, AGENDA ITE MEETING DATE: MAY 18, 1994 ORIGINATING DEPT.: PUBLIC WORKS CITY MGR.: DEPT. HEAD SUBJECT: Landscaping and Lighting Assessment District LLA -1 - Reauthorization for FY 94 -95 Recommended Motion(s): 1. Move to adopt the Resolutions ordering the Engineer's Report and appointing the Attorney's for the District. 2. Move to accept the proposal from John H. Heindel to perform the assessment engineering services for the District for the amounts specified in the proposal. Report Summary: Attached are the two Resolutions which require adoption by the City Council to initiate the process of reauthorizing the Landscaping and Lighting Assessment District LLA- 1 for FY 94 -95. The first resolution directs the preparation of the Engineer's Report while the second resolution appoints the City Attorney's firm as the Attorneys for the District. Also attached is a letter proposal from John H. Heindel dated February 15 to provide continuing assessment engineering services for the District. The services which he would perform in connection with the reauthorization of the District are outlined in the proposal as are the fees associated with providing those services. For the upcoming year, I will be proposing several changes to the structure of the District to promote greater equity among the various Zones as well as to ease the administrative responsibilities in connection with the District. Specifically, I will be proposing that certain contiguous zones be merged, and that a new "Zone All be created which will include all of the properties within the District and to which all of the general administrative costs will be charged. This will eliminate the tedious task of spreading the administrative costs among all of the zones. Additionally, staff will be proposing the consolidation of the five zones in the Village commercial area. The intention here will be to implement the Council's previous policy decision about utilizing intensity of land use as a factor for assessing the costs of maintaining the public parking lots. In early June, staff will meet with the Village merchants to review several alternatives for accomplishing this before selecting one to include in the Engineer's Report. Assuming Council adopts the attached resolutions, the tentative schedule for reauthorizing the District for the upcoming year is as follows: June 15 - Preliminarily approve Engineer's Report. Adopt Resolution of Intention which sets dates for public informational meeting and public hearing. July 6 - Conduct public informational meeting. August 3 - Conduct public hearing. Adopt resolution overruling protests, approving the Engineer's Report and confirming the assessments. Fiscal Impacts: All of the costs associated with reauthorizing the District are recovered from the assessments. For FY 94 -95, it is estimated that these costs will amount to $9,000; $6,000 for the assessment engineer ing_.including.the Engineer's Report, $2,000 for staff time, $500 for legal services, and $500 for noticing and publishing. These costs are assigned to Activity 56 (LLA -1) in the current and proposed budgets. Advertising, Noticing and Public Contact: Nothing additional for this meeting. Consequences of Not Acting on the Recommended Motions: The resolutions will not be approved and the proposal for assessment engineering services will not be accepted. This could jeopardize the reauthorization process since it is very time sensitive and must be concluded by August 10 with enough time between actions to comply with requirements of the Government and Streets and Highways Codes. Follow Up Actions: The assessment engineer will be authorized to prepare the Engineer's Report. Staff will arrange to meet with the Village merchants and commercial property owners to review alternatives for consolidating the Village zones. Attachments: 1. Resolution describing improvements and directing preparation of the.Engineer's Report. 2. Resolution appointing Attorneys. 3. Letter proposal for assessment engineering services dated February 15. RESOLUTION NO. A RESOLUTION DESCRIBING 1-"IrIPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 19941995 CITY OF SFRATOGA LANDSCAPING AND LIGHTING DISTRICT L:LA -2 RESOLVED, by the City Council of the City of Saratoga, California, as follows: 1. This Council did, pursuant to the prf ,)visions of ti-le Landscaping and Lighting Act of 1972, Part 2, Division 15 cf the Streets and Highways Code.. of the. State of California, conduct Proceedings for the formation of the City of Saratoga Lan.;?scaping and Lighting District LLA -1 and for the levy and Collection of assessments for fiscal year 1980 - 1981, and did, on Tune 18, 1930, pursuant to proceedings duly had, adopt its Resolution Mo. 950 -D, a Resolution Overruling Protests and ordering-the Formation of an Assessment District and the Improvements and confirming the.Diagram and Assessments; 2. The public interest, convenience and necessity require, and it is the intention of said Council to undertake proceedings for the levy and collection of assessments upon the sovo.:al lots or parcels of land in said District,,for the constructior: or installation of improvements, including the maintenance or servicing, or both, thereof, for the fiscal year 1994 - 1995. 3. The improvements to be constructed or installed, including the maintenance or servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 4. The costs and owpenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries of whiciz District aro the composite and aonsolidated area as more Particularly shown on a leap thereof on file in the office of the :lark of the City of Saratoga to which reference is heresy nade for further particulars. said map indicates by a boundary l4 ne. the extent of the territory included in said District and of any zone thereof and shall govern for all details as to the extent of the assessment district. _ 5. The Engineer of said City be, and is hereby, directed to prepare and file with said Clerk a report, in writing, referring to the assessment district by its distinctive 1 designation, specifying the fiscal year to which the repc,rt applies, and, with respect to that year, presenting the following: a) plans and specification of the existing in;pro�,,e- merits and for proposed new improvements, if j� _ny, to be made within the assessment district or within any zone thereof; b) an estimate of the costs of said proposed new improvements, if any, to be Made, the costs of maintenance or servicing., or both, thereof, and of any existing improvements, together with the incidental expenses in connection therewith; c) diagram showing the exterior boundaries of the assessment district and of any zones within said district and the lines and dimensions of each lot or parcel of land within the district as Such lot or parcel of land is shown on the County Assessorls map for the fiscal year to whi,�!h the report applies, each of which lots or pai -eis of land shall be identitied by a distinctive nur,:ber or letter on said diagram; and d) a proposed assessment of the total amount of the estimated costs and expenses of the proposed new improvements, including the maintenance or servicing, or both, thereof, and of any existing improvements upon the several lots or parc=els of land in said district in proportion to the estimated benefits to be received by such lots or parcels of land, respedtively, from said i.mpi:ove- ments, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto. 6. The office of the Engineer of said City be, and is hereby, designated as the offioe to answer inquiries regarding any protest proceedings to be had herein, and may be contacted 2 during regular offiue hours at the City Hall, 13777 FrLxtvale Avenue, Saratoga, California 95070 or by Calling (408) 867 -34;8. Passed and adopted by the City Council of the City cf Saratoga, California, at a meeting thereof held on the 18th day of May , 1994, by the following vote: AYES: NOES: ABSENT: Attest: City cierx murw \273 \res \engrpt.94 3 Mayor Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including th- maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and. facilities, and public lighting facilities:, for the lighting of any public places, including traffic signals, ornajaenta? standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances; attachments and appurtenances, including the cast of repair, removal or replacement of all or any part thereof; providing for the lime, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. mnrsw \273 \res \E%A-LLA.94 RESOLUTION NO._ A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 1994 - 1995 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that WIiEREAS, this Council-'has determined to undertake proceedings for the levy,and collection of assessments upon the several lots of parcels of land in the City of Saratoga Landscaping and Lighting District LLA -1 pursuant to the Landscaping and Lighting Act of 1972 for the construction or installation of improvements, including the maintenance or servicing, or both, thereof for the fiscal year 1994 - 1955; and WHEREAS, the public interest and general welfare win be served by appointing and employing attorneys for the preparation and conduct of said proceedings; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That the law firm of Meyez's, Nave, Riback, Silver & Wilson be, and it is hereby appointed and employed- to do and Perform all legal sorvices required in the conduct of said proceedings, and that its compensation be, and it hereby is rir_ed at not to exceed $500.00. Passed and adopted by the City Council of the City of Saratoga, California at-a mooting thereof held on the 13th__ day of May , 1994, by the following vote: + AYES: NOES: ABSENT: Attest: City Clerk X=rw \273 \res \AttyLLA.94 Mayor ^�� JOHN H. HEINDEL CONSULTING CIVIL ENGINEER February 15, 1994 Job No. 8306 City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, CA 95070 Attn:- Mr. Larry Perlin City Engineer Ladies and gentlemen: I am pleased to present the following proposal for providing services relative to the City of Saratoga's- Landscaping and Lighting District LLA -1 for the 1994 -1995 tax year. Scope of Services 1. Revise the plans, specifications and assessment diagram to reflect changes in assessor's parcels within the district made during the preceding year, and to include any annexations to be made to the district this year. 2. Consult with City staff personnel to determine costs, contributions and carryovers for the 1994 -1995 fiscal year, segregated by zone. 3. Generate a preliminary roll for parcels in the existing district (less Zone 23, which was previously de- annexed) using last year's data file, to be used for the public hearing. 4. Generate a data file and preliminary roll for parcels to be annexed to the district this year, if any, using current assessor's data, to be used for the public hearing. 5. Complete the Engineer's Report, including all additional items required by the Act of 1972. P. O. BOX 3452 • SARATOGA, CALIFORNIA 95070 • (408) 741 -0159 • FAX (408) 741 -5547 City of Saratoga Attn: Mr. Larry Perlin February 15, 1994 Page two 6. Send notices to the owners of all parcels to be annexed, if any, and to the owners of other parcels as directed by City staff or as otherwise required by law. A notice will be produced for each parcel, which will contain the following information: Owner's name and address, assessor's parcel number, amount of the proposed assessment, and the time and place of the public hearing. This notice, together with a copy of the Resolution of Intention, will be sealed in a window envelope provided by the City, stamped and mailed. 7. Attend any informational meetings and public hearings that might be held relative to the proceedings, to explain the methods of spreading the assessments and to answer any questions relative to the above services. 8. When the new assessor's roll becomes available from the County (probably in July), update the data file and the preliminary rolls to produce final rolls which agree with the new assessor's roll. 9. Produce and file with the county auditor a computer tape of the assessment roll containing the assessments shown on the final roll. Fee for Services I propose to perform Items 1 through 5 and 7 through 9 above for a lump sum fee of $5,650.00, plus $6.50 per parcel added to the roll since the preceding year. I propose to perform Item 6 above for a fee equal to $1.60 per notice ($150.00 minimum), plus cost of postage and reproduction of the resolution. Please contact me if you have any questions or comments. Very sincerely, _ YENNEER H DEL AJ JOHN H- HEINDEL - CONSUL77NG CIVIL SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2443 AGENDA ITEM q &r-7 MEETING DATE: MAY 181 1994 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: , SUBJECT: SD 91 -005 (13616 Fruitvale Ave.): Phase 1 Final Map Approval for 8 lots, (Owner, Kerwin Ranch L.P.) Recommended Motion(s): 1. Move to adopt Resolution No. SD 91 -005 granting an initial phase final map approval of Tentative Map Application No. SD 91 -005 for eight lots at 13616 Fruitvale Ave. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. 3. Move to authorize the City Manager to execute the agreement waiving the right of the property owner to protest annexation into the Saratoga Landscaping and Lighting Assessment District LLA -1. Report Summary: Attached is Resolution No. SD 91 -005 which, if adopted, will grant an initial phase final map approval for eight lots located at 13616 Fruitvale Ave., (the Kerwin Ranch). I have examined the final map submitted to me in accordance with the provisions of Section 14.40.020 of the Municipal Code and have determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map as contained in Planning Commission Resolution No. SD 91 -005 have been completed or will be completed. concurrent with development of the eight lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions of law have been complied with. 4. The final map is technically correct. Consequently, I have executed the City Engineer's certificate on the final map and have filed the final map with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. Fiscal Impacts: The subdivider has paid $32,508.70 in Engineering fees and $65,280 in Park In -Lieu fees required for this subdivision. In addition, the subdivider will be completing the intersection improvements at Fruitvale Ave. and Saratoga Ave. (Capital Project No. 9105) which is estimated to cost approximately $50,000. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. The subdivider anticipates beginning construction of the Phase 1 improvements in early June. This includes the extension of Ronnie Way into the property along with all of the frontage improvements along Fruitvale and Saratoga Aves., including the realignment of the Saratoga / Fruitvale intersection. Consequences of Not Acting on the Recommended Motions: The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. Attachments: 1. Resolution No. SD 91 -005 granting final map approval. 2. Subdivision Improvement Agreement. 3. Agreement waiving right to protest annexation into Saratoga Landscaping and Lighting Assessment District LLA -1. 4. Planning Commission Resolution No. SD 91 -005 approving the tentative map with conditions. REPORT TO THE PLANNING. COMMISSION Application No. /Location: SD-91-005; 13616 Fruitvale Avenue Applicant/ Owner: Kerwin Ranch L.P. Staff Planner: James Walgren Date: March 25, 1992 APN: 389-34-001 Director Approval: Saratoga and t-ruitvale Avenues CONTRACT FOR THE IMPROVEMENT OF SD 91 -005 AGREEMENT, made and entered into this day of 19 by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City ", and Vidovich (K) Partners subdivider and Owner, hereinafter collectively called Subdivider: W I T N E SS E T H• WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 13616 Fruitvale Avenue situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of Tract 8559 has been filed with the City Clerk of the City of Saratoga for presentation to the Council for its approval, which map is hereby referred to and by said reference incorporated herein; and WHEREAS, Owner and Subdivider has requested approval of said final map prior to the completion of improvements of all streets, highways or public ways and sewer facilities which are a part of or appurtenant to the abovementioned subdivision, including, but without limiting the foregoing, the necessary paving, catch basins, pipes, culverts, storm drains, sanitary sewers where required, street trees and street signs where required, and including a water system and fire hydrants acceptable to the San Jose Water Works and the City of Saratoga, all in accordance with and as required by the plans and. specifications for all of said improvements in or appurtenant to said subdivision, which plans and specifications were prepared by Jennings - McDermott-Heiss, Inc , Civil Engineer, approved by the City Engineer and now on file in the offices of the Clerk of said City and /or the City Engineer's Office of said City, and WHEREAS, the City Council of said City did on the day of , 19 , adopt a Resolution approving said Final Map, rejecting certain dedications therein offered which rejection did not and does not, however, revoke the offers of dedication therein contained and requiring as a condition precedent to the future acceptance of said offers of 2 dedication that the Subdivider improve the streets and easements thereon shown in accord with the standards of the City's Subdivision Ordinance, as amended, of the City of Saratoga and in accord with the improvement plans and specifications on file as hereinabove referred to, and requiring as a condition precedent to the release of said final map for recordation that the subdivider agree in writing to so improve said streets and easements in accord with this agreement, NOW, .THEREFORE, in consideration of the above and in consideration of the City accepting all of said dedications after the hereinafter agreed to covenants on the part of the Owner and Subdivider have been complied with and in accord with Government Code Section 66462(a) of the State of California, it is hereby agreed as follows: 1. Subdivider at this cost and expense shall construct all of the improvements and do all of the work hereinafter mentioned, all in accordance with and to the extent and as provided in the above mentioned plans and specifications on file in the office of said City, for the construction of said improvements, in,. for, or appurtenant to said subdivision, and all"in compliance with the City's Subdivision Ordinance as amended and the laws of the State of California, and shall complete the same within one year from date hereof and shall maintain the same for a period of at least one year after the satisfactory completion of the same. 2. Subdivider shall, before the release of said final map by City and as condition precedent to recordation thereof, furnish to the City and file with the City Clerk a good and sufficient surety bond or bonds, money or negotiable bonds, in form to be approved by the City Attorney, securing the faithful performance by Subdivider of all work and the construction of all improvements herein in this Agreement mentioned within time specified, and securing the faithful performance by Subdivider of the maintenance of said improvements for a period of at least one year after completion of the same, and for such additional period of time as may be necessary in order that Subdivider may cure and correct all deficiencies of construction to the satisfaction of the City Engineer of the City of Saratoga (in all events at least $_29,000.00 of said bond to be in cash, with the right of City to use the same in its discretion for emergency maintenance and repairs in addition to any other rights of use) the total 3 amount of said bond to be in the sum of $ 290,000.00 ; and also a good and sufficient surety bond in form to be approved by the City Attorney securing the payment by subdivider of all bills for labor and materials incurred in the construction of any and all of said improvements, and the doing of all other work herein agreed to be done by the said Subdivider, the amount of said bond to be Two Hundred and Ninety Thousand Dollars ($ 290,000.00 ), 3. Subdivider does hereby expressly agree to indemnify and hold harmless the City and in their capacity as such, its councilmen, officers, boards, commissions and its employees, from any and all loss or damage, and from any and all liability for any and all loss or damage, and from any and all suits, actions, damages, or claims filed or brought by any and all person or persons because of or resulting from the doing by Subdivider or any and all things required of Subdivider by this contract, or because of or arising or resulting from the failure or omission by Subdivider to do any and all things necessary to and required by this contract or by law, or arising or resulting from the negligent doing by Subdivider, his agents, employees or subcontractors of any and all things required to be done by this contract, or arising or resulting from any dangerous or defective condition arising or resulting from any of the above said acts or omissions of subdivider, his agents, subcontractors, or employees. Subdivider having heretofore certified, by the certificate upon the abovementioned subdivision map, that he can convey clear title to the, land within said subdivision, and City having relied upon said certificate and the representation contained therein, the foregoing provisions of this paragraph are specifically made to apply to any destruction or damage to or removal of utilities, water lines or pipe lines of any kinds, and any other improvement, whether said destruction, damage or removal is required or caused by the plans or specifications or by direction of an officer, agent or employee of the City. 4. Subdivider shall, before the release of said final map by the City, and as a condition precedent to the recordation thereof, furnish to the City and file with the City Clerk certificates or policies of public liability and property damage insurance in form satisfactory to the City Attorney, and Subdivider shall at all times during the entire term of this agreement maintain the same in full force and effect, which policies shall insure the 4 City of Saratoga, its Councilmen, officers, boards, commissions and employees against loss or liability for bodily injury and property damages arising or resulting from subdivider's operations and activities in the construction of any and all improvements mentioned in this agreement and the doing of any and all work mentioned in this agreement, within or outside the abovementioned subdivision, and /or arising or resulting from the doing or failure of subdivider to do all things.required to be done pursuant to this agreement. Said policies of insurance shall cover bodily injury and property damage on both an accident and occurrence basis, with completed operations coverage for one (1) year after completion and acceptance of improvements, and shall be in amounts of not less than ONE MILLION DOLLARS ($1,000,000.00) for each person, ONE MILLION DOLLARS ($1,000,000.00) for each accident or occurrence and property damage coverage of ONE- HUNDRED. THOUSAND DOLLARS ($100,000.00) for each accident or occurrence and property damage coverage of ONE - HUNDRED THOUSAND DOLLARS ($100,000.00) for each accident or occurrence. Said policies of insurance shall in addition contain the following endorsement: "Other insurance - the coverage afforded by this insurance shall be primary coverage to the full limits of liability stated in the declarations. If the. assured has other insurance against the loss covered by this policy, that other insurance shall be excess insurance only, after the entire face value of this policy shall have been. exhausted by payment." 5. In consideration of City allowing Subdivider to connect said subdivision to certain existing or proposed out -of -tract storm sewer lines, and in consideration of City relieving Subdivider of any obligation which City might legally impose on Subdivider to acquire any right -of -way for, and /or to construct, any out -of -tract storm sewer drainage pipe lines and appurtenances which might reasonably be necessary to drain said subdivision and carry storm waters from said subdivision to natural drains, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero dollars ($ o ). 6. In consideration of City agreeing to accept, in accord with this agreement, the in -tract storm drain lines and facilities constructed or to be constructed by Subdivider within or outside of said subdivision in accord with the plans and specifications now on file with the City offices, 5 including the streets and other easements in or beneath which said facilities lie, Subdivider shall, before the release of said final map by City and as a condition precedent to the recordation thereof, pay the City the sum of Zero Dollars ($ 0 7. Subdivider shall, before the release of said final map by the City and as a condition.precedent to the recordation thereof, pay to the City the sum of Twenty Thousand Four Hundred Dollars ($ 20,400.00 ) to be applied by City to the payment of expenses to be incurred by City for engineering and inspection services to be performed by the City in connection with said subdivision. 8. Upon Subdivider completing in accord with this agreement all of the improvements to be made and done by said Subdivider as hereinabove set forth and as shown on the plans and specifications on file as hereinabove referred to, and upon Subdivider having properly maintained the same for a period of at least one year after the completion of said improvements as hereinabove specified, and upon the Subdivider complying with all covenants and conditions on his or its part to be done and performed in accord with the within agreement, then and in that event, City agrees to rescind its rejection of the offers of dedication of streets and storm drain easements contained on the aforesaid final map, and at that time accept said offers of dedication. 9. Should the Subdivider and Owner hereinabove referred to not be the same. person, firm or corporation, then this agreement shall only be effective upon both the subdivider and the Owner separately executing the same, and wherever the term Subdivider is used, the same shall include Owner and wherever the term Owner.is used, the same shall include Subdivider. 10. This agreement shall be binding upon the heirs, personal representatives and assigns of Subdivider and Owner, and time is of the essence hereof, save and except that the City Council of the City of Saratoga may, but need not, extend any time or times for the doing or performing of any acts as required under the terms of this agreement by resolution, if in the opinion of the City Council any such delay is without fault on the part of the Subdivider and Owner. N. Execution of the within agreement by the Owner or Subdivider shall constitute an irrevocable authorization to City to insert the date of passage of the Council resolution approving the final map, and to insert the date of this agreement as of the date of such resolution. IN WITNESS WHEREOF, the parties hereto have'set their hand the day and year first above written. CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By: Subdivider By: (Owner, if different from Subdivider) KERWIN RANCH, LP, a California limited partnership BY: Its General Partners: John Kerwin Nunneley and Linda J. Davis Co- Trustees of The Leonie T. Kerwin 198 Tru t UTA 9/21/86 BY: ILA _ - N -,— 0— _ B 41 i�c ni nunic tcy, \.V-11 UJ I.CC n a � J. v1s, o- rus ee RECORDING REQUESTED BY: City Clerk City of Saratoga Civic Center, 13777 Saratoga, CA 95070 Fruitvale Avenue AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga Civic Center, 13777 Saratoga, CA 95070 Fruitvale Avenue CITY OF SA_RATOGA, CALIFORNIA Application No.: SD 91 -005 Owner: Kerwin Ranch, L.P. Address: 13616 Fruitvale Avenue APN: 389 -34 -001 Agreement of Waiver of Right To Protest Annexation Into the Saratoga Landscape And Lighting Assessment District No. 1 - In Consideration of Certain Development Approval This is an agreement between the City of Saratoga (City) Kerwin Ranch, L.P. protest annexation. (Owner) relating to Owner's waiver of right and X01 Whereas, City has approved Application No. SD 91 -005 for development on Owner's real property, more particularly described in Exhibit "A ", attached hereto and incorporated herein, and Whereas, condition no. 35 of said development approval requires that Owner of the subject property shall enter into an agreement with the City waiving the right of Owner and any successors in interest of Owner to protest the annexation into the Saratoga Landscape and Lighting Assesment District No. 1 for the purposes of providing for the maintenance of the Landscape and Pedestrian Easement and Private Landscape Easement created by the subdivision. Now, therefore, the parties agree as follows: 1. This agreement is executed concurrently with that certain development approval described as Final Map Approval for Application No SD 91 -005, dated May 18, 1994, between City and Owner relating to the making of improvements on Owner's real property described in Exhibit "A" and commonly referred to as 13616 Fruitvale Avenue, APN 389 -34 -001. 2. In consideration for approval of said development application by City, Owner agrees to expressly waive any and all rights Owner may have to protest annexation of the subject property into the Saratoga Landscape and Lighting Assesment District No. 1 for the purposes of providing for the maintenance of the Landscape and Pedestrian Easement and Private Landscape Easement created by the subdivision. 3. This agreement is an instrument affecting' the title or possession of the real property described in Exhibit "A". All the terms, covenants and conditions herein imposed shall run with the land and be binding upon and inure to the benefit of the successors in interest of Owner. IN WITNESS WHEREOF, the parties have executed this agreement. Attest: City Clerk (Seal) Approved as to form: City Attorney (Acknowledgements) STATE OF CALIFORNIA ) ss COUNTY OF SANTA CLARA ) CITY OF SARATOGA, a municipal corporation By: City Manager T40c"k LP By: LT Owner l-.t �o4, -Doavt s - T(- jSTEg:. U�- -TNE. Tom,sT QTA g1zrlg State of ' County of On / before me / 2 DAT A TITLE OYFFICER - E.G., 'JANE DOE, NOTARY personally appeared: V yr QJUNrnt J) \ , personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(q whose name is subscribed to the within instrument and ac- knowledged to me tha 4j&/tt)6y executed the same in hK a /ft*r autftorized capacity(ilpk), and That by hA/ er t r : PAULINE M. ORR signature on the instrument the rson COMM. # 1000290 z P (� ` 000ry Public — California A or the entity upon behalf of which the . SANTA ARA COUNTY Ex My Comm. Expires OCT b. 19 perSonO4 acted, executed the instrument. 97 S my hand and official seal. �� >'� OAJ---- SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.. OPTIONAL SECTIONiiiiiiiiiiiiiiiiiiiiiiiiiI CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -71. File No. SD 91 -005; 13616 Fruitvale Avenue Map(s) and reference to the agreement(s) shall appear in the Owner's Certificate(s) on the Final Map(s). 36. The applicants geotechnical consultant shall review and Acknowledged. approve all geotechnical aspects of the subdivision plans (ie., site preparation and grading, surface and subsurface drainage improvements, and design parameters for foundations, retaining walls, pools and,pavement) to ensure that his recommendations have been properly incorporated. The results of the Geotechnical Plan Review - shall be summarized by the geotechnical consultant in a letter and submitted to the City for review and approval by the City Engineer prior to approval from the City Engineer to begin subdivision construction. 37. The geotechnical consultant shall inspect, test (as needed), Acknowledged. and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, demolition and removal of existing structures and unsuitable materials, site surface and subsurface drainage improvements, and excavations for roadways and retaining walls prior to the placement of baserock, fill, steel and concrete. The geotechnical consultant shall prepare a report describing the as -built conditions of the project construction. The report shall include a map (e.g., corrected or revised drainage plan) that portrays the extent of any grading (cuts and fills), drainage improvements, and retaining walls. This final report shall also include the locations and data from field density tests and any new information disclosed during construction which may have an impact on development of any lots within the subdivision. A report describing the results of field inspections, and the report of as -built conditions, shall be submitted to the City to be reviewed by the City Engineer prior to Construction Acceptance of the subdivision improvements. 38. a. The owner (applicant) shall, upon the City's request, Done. defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul this approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Sec. 14- 85.060 of the Municipal Code. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate File No. SD 91 -005; 13616 Fruitvale Avenue fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorneys fees and costs. b. The owner (applicant shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Sec. 14- 05.055 of the Municipal Code, prior to Final Map approval. Acknowledged. 39. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossible to estimate damages the City could incur due to the violation, liquidated damages of $250 shall be payable to this City per each day of the violation. Section I. Applicant shall sign the agreement to these condition: within 30 days of the passage of this resolution or said resolution shall be void. Section 2. Conditions must be completed within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of. Saratoga Planning Commis- sion, State of California, this 12th day of August, 1992, by the following vote: AYES: CALDWELL, BOGOSIAN, DURRET, FORBES, MORAN, FAVERO NOES: none ABSENT: none Chair, anning Commission ATTEB Secretary, Plan ing Commission File No. 8D 91 -005; 13616 Fruitvale Avenue Acknowledged. 28 • Individual lot pad grading, necessary to achieve proper site drainage, shall be permitted to occur concurrently with road construction improvements once Final Map or phased Final Map approval is granted. If a phased Final Map is submitted, only those lots within that particular phase may be graded. The final grading and drainage plan for road construction and - individual lot pads shall be reviewed and approved by the City Engineer and the Planning Director prior to issuance of Final Map or phased Final Map approval. Acknowledged, 29. Pursuant to the City's General Plan and the approved tentative map itself, Ronnie Way shall not be linked or developed through to Saratoga or Fruitvale Avenues, as either an emergency access easement or as a through road. Acknowledged. 30. Pursuant to the approved tentative map, marked Exhibit "A ", no more than eight (8) new homes shall access Ronnie Way. Acknowledged. 31. If a phased Final Map is submitted, the development phases indicated on the approved tentative map shall occur in their numerical order; ie. Phase 1 first and Phase 2 second. This will allow the initial development phase to include those lots necessary to guarantee compliance with Condition #29 above. Acknowledged. 32• Construction hours shall be restricted to between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public safety. The City Engineer may grant an exemption upon his /her determination of an emergency. No construction work shall be permitted on legal holidays. Acknowledged. 33. Private subdivision entrance gating and /or signage is prohibited. Easement offered on 34. Prior to any Final Map approval, the owner (applicant) shall record a 5 ft. wide private landscape easement Final Map, along both sides of the pedestrian easement at the end of Ronnie Way. This will not be an additional ingress /egress easement, but will provide a visually/ aesthetically wider pedestrian corridor. Agreement signed. 35. Prior to approval of the Final Map or of a phased Final Map, the owner (applicant) shall execute an agreement with the City waiving the rights the of owner or any successive owners of any of the lots created by the subdivision to protest the annexation of the lots into the City's existing Landscaping and Lighting Assessment District for the purpose of providing for the maintenance of the Landscape and Pedestrian Easement and Private Landscape Easement created by the subdivision. The agreement(s) shall be recorded concurrently with the Final Acknowledged.,.. Acknowledged. Security submitted. File No. SD 91 -005; 13616 Fruitvale AV9nUG a. Prior to Final Map or phased Final Map approval the City. Arborist shall inspect the property to ensure that the following work has been properly performed: • Fill soil has been removed from the root collars of the Coast Live Oaks along Fruitvale Avenue. • Pruning and cabling. of tree 149 and 166 by an ISA certified arborist. . • Installation of construction period fencing up to the affected trees' driplines. • Trees suitable for transplanting within the lot 114 building envelope and within the new Kerwin Ranch Court right -of -way have been identified. b. Prior to construction acceptance, the City Arborist shall again inspect the property to ensure that the following items have been properly performed: • Prior to acceptance of Phase 2 improvements, trees identified above as suitable for transplanting have been relocated. • All tree protection measures have been followed as required for each phase of development. C. No ordinance protected trees shall be removed without obtaining a tree removal permit, with the exception of the orchard fruit trees which may be removed once a Final Map or phased Final Map approval is granted. If a phased Final Map is submitted, only those orchard trees within that particular phase may be removed. Non - orchard trees within the Kerwin Ranch Court right -of -way which are not suitable for transplanting may also be removed following Phase 2 Final Map approval. d. Prior to Final Map or phased Final Map approval, the owner (applicant) shall submit to the City, in a form acceptable to the Planning Director, security in an amount deemed sufficient by the Planning Director pursuant to a report and recommendation by the City Arborist to guarantee the installation, replacement, maintenance, and /or preservation of trees on the subject site. This security deposit shall be released at the time of construction acceptance for each phase of development upon the City Arborist's finding that all tree protection measures have been adequately followed. File No. BD 91 -005; 13616 Fruitvale Avenue Acknowledged. 19. Notice of construction shall be distributed to all residents within 500 ft. of the property at least five calendar days prior to commencement of construction in such form as determined by the City Engineer. The applicant (owner) shall reimburse the City the full cost of providing such notice prior to receiving approval from the City Engineer to commence work on the project for each phase of development. Acknowledged. 20. All new structures shall be connected to sanitary sewer in accordance with the West Valley Sanitation District's requirements. Acknowledged. 21. The existing septic tank on the property shall be pumped and backfilled in accordance with County Environmental Health Division standards prior to Final Map approval of Phase 2. Acknowledged. 22. Abandon and seal the existing well to Santa Clara Valley Water District standards prior to Final Map approval of Phase 2. 23. The owner (applicant) shall install three (3) fire hydrants Acknowledged. that meet the Saratoga Fire District's specification. Hydrants shall be installed and accepted prior to construction of any buildings. Acknowledged. 24. Future development of parcels 1 through 16 shall require design review approval and shall be limited to single story structures not to exceed 22 ft. in height. The 22 ft. height limit shall be measured from the pad elevations as indicated on the Tentative Map marked Exhibit "A ". Acknowledged. 25. Design review approvals shall only be granted upon finding that the proposed structure is compatible in terms of scale and design with the existing adjacent residences, that it is in conformance with the City's Residential Design Guidelines and that all of the necessary Design Review findings can be made. Development proposals shall also be consistent with the site development plan and conform with current zoning and building regulations. 26. A requirement of design review application review shall be the Acknowledged. submittal of a landscape plan indicating native and /or drought tolerant tree species in conformance with the City's Xeriscape Guidelines. This landscape plan shall incorporate street trees at appropriate locations along the parcel frontages. 27. Pursuant to the City Arborist's report dated February 27, Tree preservation work 1992, the following tree preservation requirements shall completed. apply: File No. SD 91 -005; 13616 Fruitvale Avenue Insurance provided. 11. The owner (applicant) shall furnish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14- 05.055 of the Municipal Code, prior to each Final Map approval. Done. 12. The owner (applicant) shall file with the Santa Clara County Recorder the requisite statement indicating that there are no liens against the property or any part thereof for any unpaid taxes or special assessments. A copy of the statement(s) shall be provided to the City Engineer prior to each Final Map approval. All Utl?llty commitments 13. Prior to each Final Map approval, the owner (applicant) shall furnish the City Engineer with satisfactory written provided. commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits obtained. 14. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to each Final Map approval. Fees paid. 15. The owner (applicant) shall pay the applicable Park and Recreation fee prior to each Final Map approval. Acknowledged. 16. All public and private improvements required for each phase of the project shall be completed and accepted by the City Engineer, Planning Director, and /or the appropriate officials from other public agencies, including public and private utility providers, prior to Zone Clearance of any Design Review applications for any of the lots created during each similar phase. Acknowledged. 17• The owner's (applicant's) engineer or land surveyor shall prepare legal descriptions of those portions of the Lisa Marie Court right -of -way which the City intends to abandon to the property owners of Tract No. 7919. The legal descriptions shall be reviewed and approved by the City Engineer and City Surveyor prior to approval of the Final Map or subsequent phase Final Map. . Construction Schedule , 18. Construction traffic associated with the development of the and traf f i C lan approved subdivision improvements shall access the property in a manner p pp which minimizes the impacts to the existing residents on Lisa by the Planning Commission. Marie Court and Ronnie Way and which does not create traffic or pedestrian safety problems along Fruitvale Avenue all as determined by the City Engineer. The owner's (applicant's) contractor shall submit .a construction schedule and traffic plan to the Planning Commission for review and approval prior to any Final Map approval. File No. 8D 91 -005; 13616 Fruitvale Avenue improvements in abandoned portions of existing Lisa Marie Court comparable to the Lisa Marie Court homeowners' existing landscaping and subject to the approval of the Planning Director. b. Closure of gap in Fruitvale Avenue median opposite driveway to existing residence to the satisfaction of the City Engineer. Acknowledged. 7. The owner (applicant) shall design and construct a realignment of the Fruitvale Avenue and Saratoga Avenue frontages of the property in the vicinity of the signalized intersection as depicted on the approved Tentative Map and as required by the City Engineer. The required improvements are documented in the City's Capital Improvement Plan as Capital Project No. 9105. The improvements shall include, but not necessarily be limited to: installation of new curb, gutter and pedestrian pathways, relocation of traffic signal and street lighting facilities, and installation of pavement markings and striping. The design of the required improvements shall be approved by the City Engineer prior to approval of the initial Phase 1 Final Map. The installation of the required improvements shall be completed prior to construction acceptance of the initial Phase 1 subdivision improvements. The owner (applicant) shall post a separate and sufficient security as required by the City Engineer to guarantee completion of the required improvements prior to approval of the initial Phase 1 Final Map. The owner's (applicant's) maximum responsibility for the cost of these improvements shall be $50,000. Upon completion of the required improvements to the satisfaction of the City Engineer, the City will reimburse the owner (applicant) a minimum of $25,000 towards the cost of the improvements. The City shall enter into an agreement with the owner (applicant) upon approval of the initial Phase 1 Final Map guaranteeing the minimum $25,000 reimbursement to the owner (applicant) by the City. Fees Paid. 8• The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer, at the time Improvement Plans are submitted for review. Agreement Signed. 9. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14- 60.010 of the Municipal Code prior to each Final Map approval. All securities ��rovided. 10. The owner (applicant) shall furnish Improvement Securities in p accordance with Section 14- 60.020 of the Municipal Code in the manner and amounts determined by the City Engineer prior to each Final Map approval. File No. 8D 91 -005; 13616 Fruitvale Avenue private utility providers, prior to approval of the Final Map or each phased Final Map. Initial Phase 1 improvement requirements shall include, but not necessarily be limited to: a. Extension of Ronnie Way -as shown on the approved Tentative Map. Improvement standards to match existing Ronnie Way. b. Repairs to Wildcat Creek bank protection on the project side of Fruitvale Ave. adjacent to box culvert outlet structure wingwalls as required by Santa Clara Valley Water District. Prior to issuance of City permits for this work, the plans shall be subject to the review and approval of the Planning Director to ensure that the work minimizes the impacts on the existing riparian habitat and that it is aesthetically compatible with the natural setting. C. Widening and improvement of Fruitvale Avenue and Saratoga Avenue frontages as shown on the approved Tentative Map and as required by the City Engineer. d. Construction of landscape and pedestrian path improvements as shown on Exhibit "B" and as required by the City Engineer. Pursuant to the Planning Commission's direction, the four (4) foot wide proposed pedestrian path shall be widened to six (6) feet. Future landscaping shall include trees and shrubs of appropriate species, consistent with the approved landscape plan, to provide dense evergreen screening along the street side of the perimeter fencing, and shall be consistent with the City's xeriscape guidelines. Temporary access across this strip to the existing farmhouse and for Phase 1 and 2 construction purposes, shall be permitted at the locations indicated on the approved Tentative Map, until construction work is completed for each associated phase of development. Final Phase 2 improvement requirements shall include but not necessarily be limited to: a. Extension and modification of Lisa Marie Court (Kerwin Ranch Court) as shown on the approved Tentative Map and as required by the City Engineer. Improvement standards shall be as specified in Chapter 14 of the Municipal Code, and includes abandonment of existing Lisa Marie Court; relocation of existing driveways, as necessary, to lots within Tract No. 7919; installation of landscape File No. 8D 91 -005; 13616 Fruitvale Avenue required in Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. The Final Map(s) shall contain all of the information required by Section 14- 40.030 of the Municipal Code and shall be accompanied by the following items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety (90) days of the date of submittal of the Final Map. c. One copy of each map referenced on the Final Map. d. One copy of each document /deed referenced on the Final Map. e. one copy of'any other map, document, deed, easement or other resource that will facilitate the examination process.as requested by the City Engineer. Fees Paid. 3. The owner (applicant) shall pay a Map Checking fee, as determined by the City Engineer, at the time of submittal of each Final Map for examination. .B on rP os t ed. 4. Interior monuments shall be set at each lot corner either prior to recordation of a Final Map or some later date to be -specified on a Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the City Engineer shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. All easements offered 5. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements on Final Map. and /or rights of way on the Final Map or initial phase Final Map, in substantial conformance with the approved Tentative Map, prior to any Final Map approval. In addition, the owner shall execute in the Owner's Certificate on the Final Map or phased Final Map, a relinquishment of rights of any ingress and egress to, and from any lot to and from Fruitvale Avenue and Saratoga Avenue. Plans Submitted and 6. The owner (applicant) shall submit engineered improvement approved. plans to the City Engineer in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and RESOLUTION NO. SD -91 -005 RESOLUTION APPROVING TENTATIVE MAP OF KERWIN RANCH L.P.; 13616 Fruitvale Avenue APN 389 -34 -001 WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for tentative map approval of sixteen (16) lots, all as more particularly set forth in File No. SD -91 -005 of this City; and WHEREAS, this Advisory Agency hereby finds that the .proposed subdivision, together with the provisions for its design and improvement, is consistent with the Saratoga General Plan and with all specific plans relating thereto, and the proposed subdivision and land use is compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the Staff Reports dated 3/25/92, 5/27/92 and 6/24/92 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the Negative Declaration prepared for this project in accord, with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Government Code Sections 66474(a) -(g) and 66474.6 exist with respect to said subdivision, and tentative approval should be granted in accord with conditions as hereinafter set forth; and WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; NOW, THEREFORE, BE IT RESOLVED that the tentative map for the hereinafter described subdivision, which map is dated the 10th day of September, 1991, and noted as being revised June 1, 1992, and marked Exhibit "A" in the hereinabove referred file, be and the same is hereby .conditionally approved. The conditions of said approval are as follows: 1. Prior to submittal of a Final Map or phased Final Map to the Completed= by Surveyor '.: City Engineer for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map(s) shall show the existence of a monument at all external property corner locations, either found on set. The submitted map(s) shall also show monuments set at each new corner location, angle point, or as directed by the City Engineer, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. Completed. 2. The owner (applicant) shall submit four (4) copies of a Final Map or phased Final Map in substantial conformance with the approved Tentative Map, along with the additional documents SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 441 AGENDA I MEETING DATE: MAY 18, 1994 CITY MGR ORIGINATING DEPT.: PUBLIC WORKS DIRECTOR SUBJECT: Cooperative Agreement No. 6 -SAR with Santa Clara County Traffic Authority for Route 85 Community Landscaping Recommended Motion(s): Move to approve Cooperative Agreement No. 6- SAR and authorize staff to- execute the agreement. Report Summary: Attached for your review and approval is yet another Cooperative Agreement, No. 6 -SAR, between the City and the Santa ..Clara County Traffic Authority. The purpose of this agreement is to establish the terms and conditions under which the Traffic Authority will reimburse the City for the cost of certain community landscaping associated with Route 85. The particular landscaping covered by this agreement is 1) the landscaping along Cox Avenue on either side of the freeway overcrossing, 2) the landscaping along the Bonnet Way soundwall, 3) the riparian landscaping replacement along Rodeo Creek, and 4) the transplanting of ten trees from Bonnet Way to Kevin Moran Park to mitigate the visual intrusion from the Blue Hills pedestrian bridge. The agreement stipulates that the Traffic Authority will reimburse the City a total of $111,700 for this community landscaping. All of the landscaping except for that along Cox Ave. has already been installed. Assuming the Council approves the agreement, staff will be able to solicit bids for the Cox Ave. landscaping within two weeks. Installation should then begin sometime in mid to late June, and be complete by the end of July. Fiscal Impacts: As noted, the Traffic Authority will reimburse the City a fixed amount of $111,700 for the community landscaping. This is summarized as follows: 1. Cox Ave. landscaping including 10% contingency - $64,200. 2. Bonnet Way landscaping - $38,000. 3. Rodeo Creek riparian landscaping - $5,500. 4. Trees at Kevin Moran Park - $4,000. Expenditures for items 2 and 4 were assigned to Capital Project No. 9113, while expenditures for item 3 were assigned to Activity 39 (General Engineering) during FY 93 -94. A new capital project is proposed for FY 94 -95, Project No. 9401 (Route 85 Community Landscaping), to which expenditures and revenues will be assigned for item 1. Any additional funds which might remain upon completion of the Cox Ave. landscaping will revert to the general fund balance. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The cooperative agreement will not be approved. Until it is, the Traffic Authority cannot reimburse the City for any costs associated with community landscaping. Follow Up Actions: Staff will sign the agreement and transmit it to the Traffic Authority for their execution. Shortly thereafter, the City will invoice the Authority for $111,700 and will solicit bids for the Cox Ave. landscaping. Attachments: 1. Cooperative Agreement No. 6 -SAR. • hired by AUTHORITY shall fully indemnify and hold CITY harmless from any liability imposed for injury, as defined by Government Code Section. 810.8, occurring by reason of anything done or omitted by AUTHORITY under this Agreement or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. 5. This Agreement shall terminate upon completion and acceptance of the PROJECT by CITY and upon fulfillment by AUTHORITY and CITY of their respective financial obligations under this Agreement. SANTA CLARA COUNTY TRAFFIC AUTHORITY By JAMES T. BEALL, JR. Chairperson APPROVED AS TO FORM AND LEGALITY WILLIAM I. ANDERSON Chief Deputy County Counsel Attest: PHYLLIS A. PEREZ Clerk of the Board of Supervisors and Secretary, to the Santa Clara County Traffic Authority COOP102.17 March 23, 1994 CITY OF SARATOGA By HARRY R. PEACOCK City Manager APPROVED AS TO FORM AND LEGALITY: MICHAEL S. RIBACK City Attorney Attest: GRACE E. CORY Deputy City Clerk Agreement No. 6 -SAR Page 6 of 6 w COOPERATIVE AGREEMENT NO. 6 -SAR ROUTE 85 COMMUNITY LANDSCAPING This AGREEMENT is entered into on the day of 1994, by and between the SANTA CLARA COUNTY TRAFFIC AUTHORITY, a public entity of the State of California (referred to hereinafter as "AUTHORITY ") and the CITY OF SARATOGA, a municipal corporation of the State of California (referred to hereinafter as "CITY "). RECITALS 1 . AUTHORITY and CITY contemplate constructing improvements consisting of landscaping at . Cox Avenue at Route 85, landscaping at Bonnet Way along Route 85 and landscaping along Rodeo Creek downstream of Route 85, herein referred to as "PROJECT ", and summarized on Attachment A. Diagrams identifying the location of the PROJECT are attached as EXHIBITS B, C & D and are hereby incorporated by this reference. 2. Construction of PROJECT is necessary to facilitate the construction of Route 85 which is part of the AUTHORITY's Measure A Program. 3. AUTHORITY will fund the costs of design and construction of PROJECT. 4. AUTHORITY is willing to provide plans, specifications and estimates (PS &E) for PROJECT. 5. CITY is willing to provide construction administration of PROJECT and construct PROJECT by contract. Construction administration shall include pre- contract administration (processing of PS &E through a bidding process for advertising, bid evaluation and award of contract for constructing PROJECT), construction contract administration, construction engineering,. inspection, materials testing, claims processing and closeout. COOP102.17 Agreement No. 6 -SAR March 23, 1994 Page 1 of 6 6. AUTHORITY and CITY maintain programs for utilization of Disadvantaged and Minority/Women Business Enterprises (DBE /MBE/WBE). 7. CITY shall assume ownership and maintenance of PROJECT. 8. AUTHORITY and CITY do mutually desire to cooperate in the design, construction, and construction administration of the PROJECT, and utilization of DBE /MBE/WBE enterprises and to set forth herein the terms and conditions under which the PROJECT is to be designed, administered, constructed, and maintained. Now, therefore, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: SECTION I AUTHORITY AGREES: 1. To pay the cost of construction of PROJECT, not to exceed $111,700. This amount may be exceeded only by vote of AUTHORITY, the certified results of which will be incorporated into the Agreement without the necessity of a written amendment. 2. To provide plan, specifications, and estimates (PS &E) for PROJECT at no cost to CITY. 3. To pay CITY within thirty days after receipt and approval of invoice from CITY, as described in Section II, Article 6.below. COOP102.17 Agreement No. 6 -SAR March 23, 1994 Page 2 of 6 rA 1 , 1 L SECTION II CITY AGREES: 1. To proceed with PROJECT following execution of this cooperative agreement between CITY and AUTHORITY; or, in the event the PROJECT does not proceed for any reason, to so notify AUTHORITY. 2. To provide all permits and clearances required for PROJECT at no cost to AUTHORITY. 3. To provide, or arrange to have provided, construction administration for PROJECT as defined in RECITALS, Article 5 above, at no cost to AUTHORITY. 4. To construct PROJECT by contract in accordance with PS &E provided by AUTHORITY. 5. To complete construction of PROJECT no later than October 15, 1994. 6. Upon execution of this Agreement, to submit to AUTHORITY an invoice of one hundred eleven- thousand, seven hundred dollars ($111,700) for PROJECT. 7. To implement CITY '. s goal for utilization of DBE for professional services portion of PROJECT, to implement CITY's MBE /WBE goal for the construction portion of PROJECT, and to otherwise fully comply with CITY policy and procedures pertaining to DBE, MBE, and WBE utilization. COOP102.17 March 23, 1994, Agreement No. 6 -SAR Page 3 of 6 I r� f -1 Lj 8. Upon completion of PROJECT to submit to AUTHORITY a DBE utilization report which describes DBE expenditures for PROJECT. 9. Upon completion of PROJECT to submit to AUTHORITY a construction progress report which describes the work performed and completed for PROJECT. 10. To provide for maintenance of all facilities as constructed under this PROJECT in accordance with RECITALS, Article 7 above, and make no claim against AUTHORITY for any portion of such maintenance expense. COOP102.17 March 23, 1994 Agreement No. 6 -SAR Page 4 of 6 f • SECTION III IT IS MUTUALLY AGREED: 1. That allocation of funds for this PROJECT will reduce the Route .85 landscaping budget in Saratoga by the estimated cost for PROJECT up to a maximum of $11.1,700. Costs in excess of $111,700, shall be assumed by the CITY. 2. Should the value of the construction contract award be lower than the total estimated cost of construction of PROJECT, the excess funds shall be retained by the CITY. 3. That neither AUTHORITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted by CITY or any contractor hired by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY or any contractor hired by CITY shall fully indemnify and hold AUTHORITY harmless from any liability imposed for injury, as defined by Government Code Section 810.8, occurring by reason of anything done or omitted by CITY under this Agreement or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 4. That neither CITY, nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or, omitted by AUTHORITY or any contractor hired by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, AUTHORITY or any contractor COOP102.17 March 23, 1994 Agreement No. 6 -SAR Page 5 of 6 � A SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z AGENDA ITEM MEETING DATE: 5/18/94 CITY MGR. ORIGINATING DEPT. City Manager's Office SUBJECT: Approval of Smoking Ordinance - Revision Recommended Motion(s): 1. Approve the revised version of the City's Smoking Ordinance Report Summary: At the April 26th meeting, the City Council and members of the Chamber of Commerce reviewed a staff report comparing Saratoga's Smoking Ordinance to that of surrounding agencies. The City. Council discussed certain changes and staff was directed to draft the ordinance accordingly. Fiscal Impacts• None Advertising. Noticing and Public Contact: Notice published in the Saratoga News Copy of revised policy was forwarded to the Chamber of Commerce, Village Merchant's Association and the American Lung Association; Santa Clara - San Benito Counties Conseauences of Not Acting on the Recommended Motions: The current Smoking Ordinance will remain in effect Follow Up Actions: Notify all businesses of requirement to post signs and maintain a written smoking policy. Attachments: Copy of amended sections. to Article 7 -35 Draft copy of the revised smoking ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 7- 35.030, 7- 35.040, 7- 35.050, 7- 35.060,735.070 & 7- 35.080 OF THE CITY CODE CONCERNING SMOKING IN CERTAIN PLACES WITHIN THE CITY The City Council of the City of Saratoga hereby ordains as follows: SECTION 1: Paragraph (a) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to read as follows: "(a) Restaurants. Smoking is prohibited in all interior restaurant spaces. Smoking in outdoor seating areas is not prohibited by this section." SECTION 2: Paragraph (c) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to read as follows: "(c) Health care facilities. Smoking is prohibited in all areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility. If the facility contains a cafeteria or other form of restaurant, as defined in Section 7- 35.020(e), such restaurant shall comply with the regulations set forth in Paragraph (a) of this Section. Smoking is further prohibited in any room occupied by two or more patients of a health care facility described herein, unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in 'a room where smoking is permitted." to SECTION 3: Paragraph (e) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to read as follows: "(e) Public lobbies and hallways. Smoking is prohibited in lobbies, hallways and other enclosed areas of City owned or controlled buildings which are open to the public." SECTION 4: Paragraph (f) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to.read as follows: "(f) Theaters and auditoriums. Smoking is prohibited within all parts of any building which is used primarily for exhibiting any motion picture, stage drama, performance or other similar performance, which parts are open to the public, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance, musical performance, or other similar performance during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production." SECTION 5: Paragraph (g) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to read as follows: "(g) Museums, libraries and galleries. Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public." SECTION 6: Paragraph (h) of Section 7- 35.030 in Article 7 -35 of the City Code is amended to read as follows: "(h) Hotels and motels. Smoking is prohibited in all areas except as permitted in Section 7- 35.050." SECTION 7: Section 7- 35.040 in Article 7 -35 of the City Code is amended to read as follows: " 7- 35.040 Regulation of Smoking in the Workplace a) Within ninety (90) days of the effective date of this ordinance, each employer having an enclosed place of employment located within the City of Saratoga shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms. conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed facilities. b) All employers shall supply a written copy of the Smoking Policy to all employees. c) Places of employment exempt from the prohibition of smoking in Section 7- 35.050 of-this ordinance shall also be exempt from this section." SECTION 8: Paragraph (a) of Section 7- 35.050 in Article 7 -35 of the City Code is amended to read as follows: "(a) Smoking is not prohibited within any of the following places: 1) Bars which are physically separated from other uses and which have a separate heating, ventilation and air conditioning system. 2) Retail tobacco stores. 3 ) An entire room or hall which is owned and operated as a private club. 4,) Hotel and Motel rooms rented to-guests. 5) Any areas not generally open to the public, except as otherwise provided in Section 7- 35.040. . 6) Private residences except where state law prohibits smoking. 7) Any portion of a place of employment that is not enclosed. 8) Vehicles 9) An enclosed place of employment that is not accessible to the public, which employs only the owner and no other employee, provided that the enclosed place of employment does not share a ventilation system with any other enclosed place of employment or public place. " SECTION 9: Section 7- 35.060 in Article 7 -35 of the City Code is amended to read as follows: " 7- 35.060 Posting of Signs a) "Smoking" or "No Smoking " signs whichever may be applicable, with letters of not less than two inches in height or the international "No Smoking "symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this Article. b) Any ashtray located in a non - smoking area must have a sign conspicuously posted within one foot of the ashtray with letters of not less than two inches in height stating "Smoking Prohibited - Extinguish Here," or language with equivalent meaning. c) It shall be the responsibility of the owner; operator manager or other person who controls the use of any place where smoking is regulated by this Article to post he signs by this Section." SECTION 10: Section 7- 35.070 in Article 7 -35 of the City Code is amended to read as follows:. " 7- 35.070. Unlawful acts. a) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant to this Article. b) It shall be unlawful for any persons who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this Article to fail to properly set aside required "no smoking" areas; to properly post any signs required by Section 1- 35.060; to adopt a smoking restriction policy, or to comply with any other requirement of this Article." SECTION 11: Section 7- 35.080 in Article 7 -35 of the City Code is amended to read as follows: " 7- 35.080 Enforcement The City Manger, or his designee is authorized to enforce the provisions of this Article. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this Article shall have the right to inform persons violating this Article of the appropriate provisions contained herein." Sections: 7- 35.010 7- 35.020 7- 35.030 7- 35.040 7- 35.050 7- 35.060 7- 35.070 7- 35.080 7- 35.090 Article 7 -35 REGULATION OF SMOKING IN CERTAIN PLACES Findings and purposes Definitions. Smoking prohibited. Regulation of smoking Smoking permitted. Posting of signs. Unlawful acts. Enforcement. Violations. of Article. in the workplace. 7.35.010 Findings and purposes of Article The City Council finds and determines that there is an overwhelming body of evidence indicating the adverse effects of tobacco smoke on the health and physical comfort of people. The purposes of this Article are to protect the public health and welfare by prohibiting or regulating smoking in certain places and to strike a reasonable balance between the needs of people who smoke and the needs of non- smokers to breath smoke -free air, and to recognize that where these needs conflict, the need to breath smoke - free air shall have priority. 7.35_.020 Definitions For the purposes of this Article, the following words and phrases shall have the meaning respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Bar means an area or a room utilized primarily for the sale or serving of alcoholic beverages for immediate consumption by guests on the premises and in which the sale or serving of food is merely incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. (b) Dining area means an enclosed area containing tables or counters upon which meals are served for immediate consumption by guests on the premises. (c) Enclosed means closed in by a roof and by walls on at least three sides. (d) Open to the public means an enclosed area which is available for use by or accessible to the general public during normal course of business conducted by either public or private.entities. (e) Restaurant means any establishment which gives, sells or offers for sale to the public any food for immediate consumption on the premises. The term includes, but is not limited to, any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or cocktail lounge which constitutes a "bar" as defined in Paragraph (a) of this Section, shall not be considered a restaurant. (f) Retail tobacco store means a retail establishment engaged primarily in the sale of tobacco products and tobacco accessories and the sale of other, products is merely incidental. (g) Smoke or smoking means inhaling, exhaling, burning or carrying any lighted tobacco product or other combustible weed, plant or substance. (h) Workplace means an enclosed area of a structure or portion thereof which is utilized primarily for the conduct of business or other enterprise. 7- 35.030 Smoking prohibited. It shall be unlawful to smoke in any of the following places within the city: a) Restaurants. Smoking is prohibited in all interior restaurant spaces. Smoking in outdoor seating areas is not prohibited by this section. b) Elevators. Smoking is prohibited in all elevators in buildings open to the public, including elevators in office, hotel and apartment buildings irrespective of the number of units within such buildings. c) Health care facilities. Smoking is prohibited in all areas open to the public, including lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical office, nursing or convalescent home or other health care facility. If the facility contains a cafeteria or other form of restaurant, as defined in Section 7- 35.020(e), such restaurant shall comply with the regulations set forth in Paragraph (a) of this Section. Smoking is further prohibited in any room occupied by two or more patients of a health care facility described herein, unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted. d) Public meeting rooms. Smoking is prohibited in meeting rooms, hearing rooms, conference rooms, chambers and other enclosed places of public assembly in which the business of the City is conducted by any elected or appointed official, council, commission, committee, or board which requires or permits direct participation or observation by the general public. e) Public lobbies and hallways. Smoking is prohibited in lobbies, hallways and other enclosed areas of City owned or controlled buildings which are open to the public. f) Theatres and auditoriums. Smoking is prohibited within all parts of any building which is used primarily for exhibiting any motion picture, stage drama, performance or other similar performance, which parts are open to the public, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance., musical performance, or other similar performance during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production. g) Museums, libraries and galleries..Smoking is prohibited in all areas of museums, libraries, and galleries which are open to the public. h) Hotels and motels. Smoking is prohibited in all areas except as permitted in Section 7- 35.050. i) Public rest rooms. Smoking is prohibited in public rest rooms. j) Business establishments. Smoking. is prohibited within all enclosed areas open to the public in business establishments providing goods or services to the general public and not otherwise mentioned in this Section, including, but not limited to, retail service establishments as defined in Section 15- 06.560 of this Code, personal service establishments as defined in Section 15- 06.500 of this Code, financial institutions as defined in Section 15- 06.270 of this Code, and offices as defined in Section 15- 06.480 of this Code; provided, however, that smoking shall be permitted in enclosed walkways, corridors, malls and other areas between individual business establishments unless otherwise posted as "no smoking" by the operators of such areas; and provided further, that this prohibition shall not apply to any business establishment listed in Section 7- 35.050 of this Article. Areas "open to the public" wherein smoking is prohibited under this Paragraph shall not include private offices of individual businesspersons to which clients or customers are admitted only by specific invitation or appointment. 7- 35.0404 Regulation of smoking in the workplace. a) Within ninety (90) days of the effective date of this Article, each employer having an enclosed place of employment located within the City of Saratoga shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment with exception. This includes common work areas, auditoriums, classrooms. conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed facilities. b) All employers shall supply a written copy of the Smoking Policy to all employees. c) Places of employment exempt from the prohibition of smoking in Section 7- 35.050 of this ordinance shall also be exempt from this section. 7- 35.050 Smoking permitted. a) Smoking is not prohibited within any of the following places: 1) Bars which are physically separated from other uses and which have a separate heating, ventilation and air conditioning system. .2) Retail tobacco stores. 3 ) An entire room or hall which is owned private club. 4) Hotel and Motel rooms rented to guests. 5) Any areas not generally open to the otherwise provided in Section 7- 35.040. and operated as a public, except as 6) Private residences except where state law smoking. prohibits 7) Any portion of a place of employment that is not enclosed. 8) Vehicles 9) An enclosed place of employment that is not accessible to the public, which employs only the owner and no other employee, provided that the enclosed place of employment does not share a ventilation system with any other enclosed place of employment or public place. b) Notwithstanding the foregoing, any owner, operator manager or any other person that controls the use of any public or private establishment or place described in paragraph (a) of this Section may voluntarily designate any portion or all of such establishment or place as a non - smoking area. 7- 35.060 Posting of Signs a) "Smoking" or "No Smoking " signs whichever may be applicable, with letters of not less than two inches in height or the international "No Smoking "symbol (consisting of a pictorial representation of a burning cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by this Article. b) Any ashtray located in a non - smoking area must have a sign conspicuously posted within one foot of the ashtray with letters of not less than two inches in height stating "Smoking Prohibited - Extinguish Here," or language with equivalent meaning. c) It shall be the responsibility of the owner, operator manager or other person who controls the use of any place where smoking is regulated by this Article to post he signs by this Section. 7- 35.070. Unlawful acts. a) It shall be unlawful for any, person to smoke in a place where smoking is prohibited pursuant to this Article. b) It shall be unlawful for any persons who owns, operates, manages or controls the use of any place where smoking is prohibited or regulated under this .Article to fail to properly set aside required "no smoking" areas; to properly post any signs required by Section 7- 35.060; to adopt a smoking restriction policy, or to comply with any other requirement of this Article. 7- 35.080 Enforcement The City Manger, or his designee is authorized to enforce the provisions of this Article. Any owner, operator, manager, employee, guest or customer of any establishment regulated by this Article shall have the right to inform persons violating this Article of the appropriate provisions contained herein. 7- 35.090 Violations The violation of any provision contained in this Article shall constitute an infraction and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. S AGENDA ITEM MEETING DATE: May 24, 1994 ORIGINATING DEPT.: City Clerk CITY MGR. APPROVA SUBJECT: Resolution Declaring Weeds and Brush Growing on Certain Described Property to be a Public Nuisance Recommended Motion: Adopt resolution declaring weeds and brush growing on certain described property to be a public nuisance. Report Summary: The attached resolution represents the first step in Saratoga's new brush abatement program administered by the County Fire Marshal. The County has determined that the parcels in Saratoga on the attached list have brush growth which is a -fire hazard or otherwise noxious or dangerous. The Council should pass the resolution setting the public hearing for brush abatement for June 1. Fiscal Impacts• None to City.. County recovers its costs from administrative portion of fee charged to property owners. Follow Up Actions: The County sends the property owners notices informing them that the brush must be abated, either by the owners or by the County; when County abatement will commence; and how they may present any objections at the public hearing. The public hearing is noticed in the newspapers as well.. After the public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. The final steps take place later, when the County presents the Council with a list of properties whose abatement bills have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. These procedures are similar to those followed for weed abatement. Consequences of Not Acting on the Recommended Motions: Brush abatement could not be performed by the County. It would be necessary to depend upon property owners to take care of their own abatement. Attachments: 1. Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING WEEDS AND BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE WHEREAS, weeds and brush are growing in the City of Saratoga upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds and brush attain such growth as to become a fire menace or are otherwise noxious or dangerous; and WHEREAS, said weeds and brush constitute a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That weeds and brush do now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by and on file in the office of the County Fire Marshal; 3. That it is ordered that Wednesday,' the 1st day of June, 1993, at a public hearing during a regular meeting which will begin at 7:30 p.m. in the Saratoga Civic theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place where objections to the proposed destruction and removal of said weeds and brush shall be heard and given due consideration; 4. That the County Fire Marshal is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the Saratoga Municipal Code, and as the person to hereafter cause abatement of such seasonal and recurring nuisance. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular adjourned meeting held on the 24th day of May, 1994, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk Mayor 5/19/94 Ir Page 1 1994 BRUSH ABATEMENT ASSESSMENTS BY THE COUNTY OF SANTA CLARA FOR THE CITY OF SARATOGA SITUS APN OWNER ADDRESS CITY STATE ZIR 12658 ARROYO DE 366 -25 -018 NAGESHWAR SRINI 15446 LOS GATOS BL UNIT 209 LOS GATOS CA 95032 19,351 SARATOGA -LOS .397 -10 -003 DAS ESMARALDA 19351 SARATOGA -LOS GATOS RD SARATOGA CA 19351 13360 SURREY 503 -16 -020 SLOAN WILLIAM F AND DIANE J TRUSTEE 13360 SURREY LN SARATOGA CA 95070 12969 PIERCE RD 503 -18 -014- JAUNRUBENIS ANDREJS AND SHERRY 12969 PIERCE RD SARATOGA CA 95070 12943 PIERCE RD 503 -18 -062 LIU HYACINTHA AND I R 12943 PIERCE RD SARATOGA CA 95070 12889 PIERCE RD 503 -18 -099 ICHIKAWA DONALD AND JANN M 12889 PIERCE RD SARATOGA CA 95070 1.3251 PIERCE RD 503 - 16-053 FERLA LOREE ET AL 75 MARIPOSA AVE LOS GATOS CA 95030 15041 PARK DR 510 -01 -005 ISIDORO MERNA L AND FRANK W 15041 PARK DR SARAROGA CA 95070 15069 PARK DR 510 -01 -007 BAKER JERRY M AND SANDY L 15069 PARK DR SARATOGA CA 95070 15060 PARK DR 510 -01 -021 LIGHTBODY DONALD C AND MAUREEN A 15060 PARK DR SARATOGA CA 95070 19852 PARK DR 510 -01 -032 HYLAND ELMER M AND FRANCIA P 19852 PARK DR SARATOGA CA 95070 19977 SUNSET ST 510 -02 -025 KIM CHAIHO AND TAEOCK T 19977 SUNSET ST SARATOGA CA 95070 15140 PEPPER LN 510 -03 -008 HARRIS JAMES M AND BARBARA S 15140 PEPPER LN SARATOGA CA 95070 19730 SARATOGA -LOS 510- 03-019 PRUSS JOSEPH AND CHERYL 19730 SARATOGA -LOS GATOS RD SARATOGA CA 95070 19755 GLEN UNA 510 -04 -006 SMOLKER JENNIFER 8828 PERSHING DR UNIT 110 PLAYA DEL RAY CA 90293 15214 BELLECOURT 510 -05 -005 JENG CHYI -RONG AND TZUU -CHYI 15214 BELLECOURT SAARATOGA CA 95070 19120 AUSTIN 510 - 06-021 CUNNINGHAM JAMES A AND KAY D 19771 JUNIPER WY SARATOGA CA 95070 19202 CITRUS LN 510 - 06-055 . RIDER RUDY L AND ADELINE M 19202 CITRUS LN SARATOGA CA 95070 19010 AUSTIN 510 -07 -031 WONG ALLEN AND LILLIAN 107 CAMPANULA PL SAN JOSE CA 95124 M SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2_q_S (:__) MEETING DATE: May 18, 1994 ORIGINATING DEPT. AGENDA ITEM 4T j>3.� CITY MGR. APPROVAL SUBJECT: Foothill Club's Memorial Day Ceremony Recommended Motion: Approve the ceremony as proposed on May 30, 1994, authorizing assistance from the Sheriff's Department as needed. Report Summary: The Saratoga Foothill Club is proposing to hold their annual Memorial Day Ceremony, which they have done since .1922, on May 30, 1994. Because the Foothill Club does not have the budget to support the costs associated with the City's Special Events Permit (i.e. insurance, police costs, deposits, etc.) staff has not viewed this activity as a Special Event in the past. Instead, the event has been viewed as a walk not requiring any street closure or other modification of traffic. Lieutenant Huber of the. Westside Sheriff's Station believes that his office can provide whatever assistance in street crossing may be necessary at no cost. Fiscal Impacts• None ' Attachments: Letter dated April 11, 1994, from Helen Kahle, Chairperson Memorial Day Committee, Saratoga Foothill Club. Motion and Vote: SARATOGA FOOTHILL CLUB P.O. BOX 2233 SARATOGA, CALIFORNIA 95070 April 11, 1994 Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 Members of the City Council: The Saratoga Foothill Club requests permission to hold its annual Memorial Day ceremony on Monday, May 30, 1994, which will begin with the laying of a wreath on the Memorial Arch at 9:30 a.m. and proceeding up Oak Street to Madronia Cemetery for the service at 10:00 as.m. We also request Mayor Tucker to give a brief welcome from the City and introduce the other members of the City Council who are in attendance. In addition to permission, we request the City to provide the services of a Deputy Sheriff at Highway 9 and Oak Street from 9:00 a.m. to 10:00 a.m. so that the walk can proceed safely from Blaney Plaza to the Cemetery. When this is placed on the consent calendar, I shall try to be present to answer any questions you might have. Very truly yours, Helen Kahle Chairwoman Memorial Day Committee Phone: 867 -5298