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HomeMy WebLinkAbout06-01-1994 CITY COUNCIL AGENDASARATOG/�A.CITY COUNCIL Q EXECUTIVE SUMMARY NO- MEETING Z ��� ' R AGENDA ITEM V DATE: June 1., 1994 CITY MGR. ORIGINATING DEPT. City Clerk SUBJECT: Resolution ordering Abatement of a_ Public Nuisance by. Removal of -Hazardous Weeds and Brush Recommended Motion: Adopt resolution ordering abatement. Report Summary: The attached resolution represents the second step in the weed and brush abatement process for this season. The County has sent the owners of the parcels requiring weed and brush abatement notices informing them that the weeds and brush must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. Fiscal Impacts: None to City. County recovers costs from administrative portion of fee charged. Attachments: Resolution. (List .of parcels requiring weed and brush abatement is available at City Clerk's office.) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 4,54 AGENDA ITEM 1� MEETING DATE: _June 1. 1994 CITY MGR. APPROVAL 1'* ORIGINATING DEPT . ��'' City Manager's Of f ice SUBJECT: Special Event Permit for the June 19, 1994, Blossom Festival Recommended Motion: Conditionally approve the Blossom Festival, authorizing the Public Services Assistant to issue a Special Event Permit contingent upon satisfactory compliance with terms of the City's Special Event Permit Ordinance. Report, Summary: The Saratoga Village Association has requested, a Special Event Permit to hold the June 19, 1994 Blossom Festival. The event will commence with a family walk /run from 8:30 -9:30 a.m. Runners will begin at Neale's,Hollow proceeding to Herriman Avenue, to Saratoga Avenue, concluding at Blaney Plaza. Food and wine will be provided by local restaurants, merchants, wineries, and the Saratoga Volunteer Fire Department in accordance with permits and health department regulations pertaining to food and beverage service. These vendors will be located in the parking lots of Buy & Save, Corinthian Flowers, and Fox & Carskadon Real Estate. A 50's rock & roll group and separate piano player will provide entertainment. The Saratoga Village Association anticipates to have approximately 1,500 -2,000 people attend. Caltrans encroachment permits have been applied for to close the one -way section of Saratoga Los Gatos Road in front of Corinthian Flowers. Sheriff's Department reserve personnel will provide security and traffic control. The Saratoga Village Association shall reimburse the City of Saratoga for any expenses incurred by the City in connection with the Blossom Festival. Fiscal Impacts: None Attachments: Letter dated May 18, 1994, from Lea Ann Hernandez, Blossom Festival Chairperson, and map of event. Motion and Vote: May 18, 1.994 Paula Reeve - Public Services Assistant City of Saratoga Blossom Festival, 1994 7 A. The Blossom Festival will consist of a family run /walk from Neale's Hollow to Herriman to Saratoga Avenue, terminating at Blaney Plaza. To begin at 8:30 and end at 9:30. From "10 am to 5 pm; there will be 3 wineries and approximately 6 food vendors in the Buy & Save parking lot and Corinthian Flowers parking lot and the north side of the Fox & Carskadon parking lot. In addition, there -will be a '50's rock & roll group and a separate piano player for entertainment. The Saratoga Volunteer Fire Dept. will be barbecuing hot dogs and hamburgers at the Corinthian Flowers parking lot. There will be a 35' long net - enclosed trampoline at the lower end of.the Fox & Carskadon parking lot. B. Sunday, June 19th from 8:30 am to 5 pm C. The Blossom Festival is sponsored by the Saratoga Village Association D. The co- chairpersons are: Lea Ann Hernandez Kookie Fitzsimmons Fox & Carskadon Corinthian Flowers 20514 Saratoga -LG Rd. 14410 Big Basin Way Saratoga 741 -2700 Saratoga 867 -2020 E. Please find our check enclosed for $62. for the filing fee. F. Please find our check enclosed for $250. for clean -up deposit G. We ex ect to have approximately 1,500 -2,000 people attend H. Items `�1:),'0:,.and (3), see enclosed map #1 I. Sanitation (see enclosed map #1). J. Food, wine /beer provided by local restaurants and food 'merchants in accordance with health department regulations for handling and serving food and beverage. (see enclosed list of food vendors). K. Location of vendors (see map #1). Description of sales are: Food /Wine & Beer/ Arts and Crafts. Identification of food vendors: (seen enclosed list). L. Entertainment (see map #1). M. Notification of vendors (see mailing list for "J" above). N. Insurance coverage: provided-by Tubbs (copy to be provided by Jo Mathieson) O. Indemnity Agreement (signed and enclosed). P. Reimbursement of cost to the City. Bill to: "Saratoga Village Association" c/o Corinthian Flowers 14410 Big Basin Way Saratoga, CA _ "867 -2020 , Attn: Kookie Fitzsimmons ��___,_..• -_• -- Q. Event map #1 (enclosed) . R. The small access road from Big Basin Way to the stop sign in front of Fox & Carskadon will be closed and an encroachment permit has been applied for from Caltrans (copy enclosed). Thank you for your cooperation in helping us to make the Blossom Festival the success that we all want it to be. It is only through the City's continuing support that the Village merchants and the City may mutually benefit from such promotional efforts. If you need any further information, please don't hesitate to call. Sincerely, lea Ann Hernandez co- chairperson Big Basin Way Saratoga Village Association presents Blossom Festival 1994 Antique, Art and Wine Festival In . Saratoga Village :: ti: ti: ti: t: ti: ti: t: ti: ti: ti: ti: t: ti: t: ti: t: ti: ti: ti: ti: ti: t: ti: t: ti :ti:ti:ti:ti:ti:ti:ti:ti:ti:ti:ti: }:�:�:•- MAPIE1 Saratoga Village Shopping Center *Hurricane Sams <<<Village Rendevous Booth *Mandarin Chef I *Fire Dept. . BBQ *3 =D Band' Corinthian Flowers F Corinthian Corners d; L i fA *Wine Tables Oak Street SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z 4'3 AGENDA ITEM MEETING DATE: 6/01/94 CITY MGk. 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 May 18th meeting, the City Council heard from concerned residents of Saratoga and members of the American Lung Association concerning the hazards of smoking. Representatives from the American Lung Association commended the council for the proposed changes to the city's smoking ordinance yet, they urged the Council to consider including additional restrictions that Lung Association had submitted for their review. The City Council discussed the proposed changes and staff was directed to draft the ordinance accordingly. Fiscal Impacts• None Advertising, Noticing and Public Contact: Notice previously issued Consequences of Not Acting on the Recommended Motions: The current smoking ordinance will remain in effect Follow Up Actiohs: None Attachments: Copy of amended sections to Article 7 -35 Draft copy of the revised smoking ordinance Article 7 -35 REGULATION OF SMOKING IN CERTAIN PLACES Sections: 7- 35.010 Findings and purposes of Article. 7- 35.020 Definitions. 7- 35.030 Smoking prohibited. 7- 35.040 Regulation of smoking in the workplace. 7- 35.050 Smoking permitted. 7: 3:5:0.. :.;. >:.:::.;:.;:.;:.:T rbb '.00�t:::;:.;;;:':. ::sam 1es<:::>::::>: ::: >:::: >an:d::;:.;;:::::.:.ver cli�i :;:>:ma p ::::::::::: 1.:::::::::::::::. ...................... ............................... .:.:::::::::::::::::::::::::::: :.:.....,:..: ; ::,s.; ...,» :>..::................................................................ ............................... 7 bat; ....:.::.: 7- 35.070 , ...:.......:....... Posting of signs. 7- 35.080 Unlawful acts. 7- 35.090 Enforcement. 7- 35.100 violations. 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 1506.560 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- 35.040 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 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. 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 r l3rdless n ;;;:wh :the ;> they.: >:als � : rv' :° as ail tobacco stores 7) Any portion of a place of employment that is not enclosed. 8 ) vehicles except fax ca tyawz�ed veh e7 ea. 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. -.i60 Tgi�ceg sa1p e��hd Vda.g Dack�a.es Proixb ted ........ 7- 35.070 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- 35.080. 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- 35.070; to adopt a smoking restriction policy, or to comply with any other requirement of this Article. 7- 35.090 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- 35.100 The violation constitute a penalties as violations of any provision contained in this Article shall n infraction and a public nuisance, subject to the set forth in Chapter 3 of this Code. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z'CJ �°- AGENDA I EM MEETING DATE: 6/01/94 CITY MGR. ORIGINATING DEPT. City Manager's Office SUBJECT: Approval of Expense Reimbursement Policy - .Revision Recommended Motion(s): 1. Approve the revised version of the City's Reimbursement Policy with changes made to the section regarding Management Staff Requirements. Report Summary: The City's Reimbursement Policy has been revised. In order to avoid 'confusion regarding management staff expenses, monthly expense allowance procedures and guidelines for management employees have been added to the City's Reimbursement Policy. Fiscal Impacts• None Advertising, Noticing and Public Contact: None Consequences of Not Acting on the Recommended Motions: The current Expense Reimbursement Policy will remain in effect Follow Up Actions: Forward a copy of revised policy to all management staff Attachments: Copy of revised policy Expense Reimbursement Policy City employees, Councilmembers and Commissioners, subject to the restrictions listed below, shall be reimbursed for reasonable and necessary expenses incurred in connection with their official duties. 1. Councilmembers and Commissioners -will receive authorization to attend conferences and meetings outside of the metropolitan area of Santa Clara County from the City Council. 2. Management Employees -will receive authorization to attend conferences and meetings outside of the metropolitan area of Santa Clara County from the City Manager. 3. Other Employees- may attend specialized conferences of benefit to the employee in her /his service to the city with the approval of their department head. Guidelines for expense reimbursements are as follows: 1. Transportation City will pay for round -trip coach airfare for participant or mileage at the established rate, whichever is less. Method of transportation shall be the option of the participant. City will reimburse for necessary parking, taxi or bus transportation related to participation in the conference or meeting. 2. Lodging City will pay the single room rate (or half of the double room rate if two participants share the same room) for each participant while attending a conference or meeting outside the San Jose area. 3. Meals City will pay meal expenses incurred by the participant while at conferences and meetings and while traveling to or from a conference or meeting. 4. Miscellaneous City will pay reasonable miscellaneous expenses for registration fees, tips, refreshments and hospitality extended to other participants at the conference or meeting. City Council Expense Allowance (Adopted October 21,1992) The monthly expense allowance for members of the City Council shall cover all expenses incurred by members of the City Council while: 1) Attending any meeting held within the County Of Santa Clara. 2) Attending any meeting for which the member of the City Council receives payment for attendance by the sponsoring agency regardless of location. All vouchers for expense reimbursement are to be submitted to the Finance Director and include the following information: Date of event, nature of event, and total cost of each event. Wherever practicable, vouchers must be substantiated by paid bills or receipts. Requests for reimbursement must be made within 60 days. Advances will be made only to cover estimated incidental expenses, and must be accounted for in writing 30 days after the termination of the event for which the funds were advanced.