HomeMy WebLinkAbout12-02-1981 CITY COUNCIL AGENDACITY OF SARATOGA
AGENDA BILL NO:
Initial:
Dept. Head
DATE: December 2, 1981 City Att .
DEPARTMENT: Maintenance,.Services Department City Mgr:
----------------------------------------------------------------------------------------- - - - - --
SUBJECT: Revision of Park Ordinance Regarding Dogs
Issue Summary
The City Council is aware that the City staff and residents have been experiencing a
considerable problem with dog excrement in City parks. Many complaints have been made
and individuals have requested the City work toward eliminating this problem. Review
of the City Ordinances indicates that the City has a leash law but no Ordinance to
require persons in control of any dog to clean up excrement defecated by such dog.
Therefore, the City Attorney has recommended an amendment to the Ordinance providing that
persons responsible for any dog shall be required to clean up any excrement and to remove
same from the park premises.
Recommendation
Adopt Ordinance Number amending the City Ordinance regarding parks by adding to
Article I of Chapter 11, Section 11 -3, Sub - section K, the following, " . . . or permit
or allow any excrement defecated by any dog owned by such person, or under the custody
or control of such person, to remain in the park, or any part thereof, including
receptacles and containers provided by the City for the deposit of garbage, refuse, rubbish
or other trash." As soon as the Ordinance is in effect signs will be posted, a program
to notify violators will be initiated and citations will be issued. Violation of this
code is a misdemeanor and punishable by a fine not to exceed $500.
Fiscal Impact
Enforcement of this code may pose an impact on City staff time and Sheriffs Department
time. No known estimates are available.
Exhibits /Attachments
Proposed amendment to the Ordinance.
Council Action
12/2:' Consensus to return to City Manager for rewriting, including making violation of
ordinance an infraction and allowing disposal of excrement in plastic bags in garbage cans
4
. r•• L i
.. ;.; X1 �.. '. � • ..: .. ... :, � ... '. ,':, - ,. .. , ¢e , 5.. •sue -
The above and foregoing ordinance was regularly introduced
and after the waiting time required by law, was thereafter passed
and adopted on this day of 1981, by the
following vote:
•: ior_,- :ry 5 t,:;s ;:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Clerk of the City of Saratoga
yor of the City of Saratoga
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
SECTION 11 -3 OF CHAPTER 11 OF THE SARATOGA
CITY CODE -
The Council Council of the City of Saratoga does hereby
ordain as follows:
SECTION 1: Subsection (k) of Section 11 -3 of Article I
of Chapter 11 of the Saratoga City Code is hereby amended to read
as follows:
"(k) Permit or allow any dog owned by such person,
or under the custody or control of such person, to
-,
enter or remain in the park or any part thereof
unless securely held and led by a leash of not more
n ••'�+'_ r :' {,,r�- .{.`•�
than six feet in length, securely attached to a
-
harness or collar on such dog, or permit or allow
any excrement defecated by any dog owned by such
person, or under the custody or control of such
person, to remain in the park, or any part thereof,
including receptacles and containers provided by
the City for the deposit of garbage, refuse, rubbish
or other trash."
SECTION 2: This ordinance shall take effect and be in
full force and effect thirty (30) days from and after the date of
its passage and adoption.
The above and foregoing ordinance was regularly introduced
and after the waiting time required by law, was thereafter passed
and adopted on this day of 1981, by the
following vote:
•: ior_,- :ry 5 t,:;s ;:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Clerk of the City of Saratoga
yor of the City of Saratoga
L..1.11 Vl �J[11 �L 1.11J`u1
Initial:
, -.,A =A BILL NO. _ Dept. Hd.
DATE: December 2, 1981
DEPARTN>Er]T:. Community Development
-----------------------------------------
SUBJECT: Final Map Approval, Tract 6454
C. Atty.
C. Mgr.
Kendall property, Chester Avenue /Sobey Road
(7 lots)
Issue Summary
1. The Tract 6454 is ready for Final Approval.
2. All bonds, fees and agreements have been submitted to the City.
3. Requirements of City Departments and other agencies have been met.
4. A Negative Declaration was approved with the project dated November 28, 1977_.
Recommendation
After conducting a pulblic.hea.ring,,,adopt Resolution 1344 -02 attached,.approving
the Final Map of Tract-64S4 and authorize execution of Contract for Improvement
Agreement.
Fiscal Impacts
None.
Exhibits /AttacYumnts
1. Contract Agreement
2. Copy of Tentative Map approval
3. Resolution No 1344 -02
4. Location map
Council Action
12/2: Mallory /Clevenger moved to adopt resolution.1344 -02 approving final map and
authorize execution of Contract for Improvement Agreement. Passed 4 -1 (Jensen
opposed.)
.-. .++:..�...r�%::+.M::�.:..ra1.l- .s..'-_:��c►�..._. __ _.._. .'__ •, .. '' 1+ 3f... c' 1V+ �wMrwwrrlr .•4.e.i.w.e.+�.NVaA.+..-� '�"V+sMf/wn.}�.uA.e.�t
CONTRACT FOR THE IMPROVEMENT OF
AGREEMENT, made and entered into this 2nd day of December
19 81 , by and between the CITY OF SARATOGA, a Municipal corporation of the
State of California, hereinafter called "City ", and Clayton F.
Thomas subdivider and Owner, hereinafte
collectively called Subdivider:
I T N E S S E T H
WHEREAS, Subdivider is engaged in subdividing that certain tract of
land known and designated as Kendall property, Tract 6454
situated in the City of Saratoga, County of Santa
Clara, State of California; and
WHEREAS, a final map of Tract 6454 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 abovemen-
tioned subdivision, including, but without limiting the foregoing, the neces-
sary 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 speci
fications for all of said improvements in or appurtenant to said subdivision,
which plans and specifications were prepared by Jennings -NIcTermott-
-Heiss, Inc. Civil Engineer, approved by the City Engineer and now on file
in the offices of the Cleric of said City and /or the City Engineer's Office of
said City, and
WHEREAS, the City Council of said City did on the 2nd day of
December , 19 81 adopt a Resolution approving said Final Yap,
rejecting certain dedications therein offered which rejection did not and
does not, however, revoke the offers of dedication therein contained and re-
_ quiring as a condition precedent to the future acceptance of said offers of
2_
RL
dedication that the Subdivider improve the streets and easements thereon
shown in accord with the standards of Ordinance No. 60, 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 agree-
ment,
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 his cost and expense.shall construct all of the im-
provements 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 speci-
fications on file in the office of said City, for the construction of said
improvements, in, for, or appurtenant to said subdivision, and all in com-
pliance with Ordinance No. 60 as amended and the laws of the State of Califor-
nia, 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 wit',
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
$10,000.00
-3-
-Ten thousand of said bond to be in cash, with the right of
City to use the same in its discretion for emergency maintenance and re-
pairs in addition to any other rights of use) the total amount of said bond
- - - - -- to be in the sum of $One hundred ten thousand
and also a,good and sufficient surety bond in form to be approved by the City
Attorney securing the payment by subdivider of all bills for labor and ma-
terials incurred in the construction of any and all of said improvements, and
the doing of all other work herein agreed to be done by the said Subdivider,
the amount of said bond to be One hundred ttaenty thousand
Dollars ($ 1zn,nnn_nn )•
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 re-
quired of Subdivider by this contract, or because of o= 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 tho
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 sai'd 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, anti
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
-' - — - - - ' •. ��a. �:. r+ �?+:.:!. �. iC:. �G..•:« a.:.: tiry::. i!:+::+ N. c.+' �.: �raa7: �. ra4:...:uio.�.++..::.:u.w:ti.= - .ti..._...-... ..
-4-
property damage insurance in form satisfactory to the City Attorney, and Sub-
divider shall at all times during the entire term of this agreement maintain
the same in full force and effect, which policies shall insure the 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 in-
surance 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 HUNDRED THOUSAND DOLLARS ($100,000.00) for each person, THREE HUNDRED
THOUSAND DOLLARS
- ($300,000.00) for each accident or occurrence and property
damage coverage of FIFTY THOUSAND DOLLARS ($50,000.00) for each accident or
occurrence. Said policies of insurance shall in addition contain the following
endorsement: "Other insurance - the coverage afforded by this insurance shall
be primary coverage to the.full limits of liability stated in the declarations.
If the assured has other insurance.against the loss covered by this policy,
M
..;:_ :tom _ :;: ;• ;"' ... - �1
that other insurance shall be excess insurance only, after the entire face
value of this policy shall have been exhausted by payment."
5. In consideration of City allowing Subdivider to connect said sub-
division to certain existing or proposed out -of -tract storm sewer lines, and
in consideration of City relieving Subdivider of any obligation which City
might legally impose on Subdivider to acquire any right -of -way for, and /or
to construct, any out -of -tract storm sewer drainage pipe lines and appurtenance.
which might reasonably be necessary to drain said subdivision and carry storm
waters from said subdivision to natural drains, Subdivider shall, before the
release of said final map by City and as a condition precedent to the recorda-
tion thereof, pay the City the sum of
dollars ($ 0.00 ).
-5-
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, including
the streets and other easements in or beneath which said facilities lie, Sub-
divider 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 One thousand
nine hundred twenty five dollars Dollars
(81;925.00 }
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 Nine thousand eight hundred Dollars ($9,800.00 >
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
�1'?,:�r.��. tic✓'_ s_` � ?::;;r.+:�3.>>r+l�`�'�i.'�a,Ga�
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 covenents and conditions
on his or its part to be done and performed in accord with the within agree-
ment, 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 represen-
tatives and assigns of Subdivider and Owner, and time is of the essence hereof,
save and except
a
not, extend pt that the City Council of the City anY time Y of Saratoga
required under the terms times for
a
the doing may, but
of the City rms of this agreement b or performing of any acts as
need
Y Council
dlvlder and Owner anY such delay is without resolution, if in the opinion
_ Execut1On of the within fault on the Part of the Sub-
cons
he � to an irrevocable authorization iti agreement by the Owner or Subdivid
t1O er shall
this agreement i resolution approving the final to insert the date of
of the date of map, and t insert Passa$e
0
"I WITNESS such resolution rt the date Of
Year first above writtOE' the Parties hereto have
en. set their hand the da
Y and
CITY OF SARATOGA, a Municipal ATTEST: BY' pal COrP °ratio,,
Mayor
t�
City Clerk
APPROVED AS TO FORM.
City Attorney
BY:�/ % I
.. '/ Sub di
vider
BY:
Owner. if different - -_ -_
from Suhdivid�_i
RESOLUTION NO. 1344 -02
RESOLUTION APPROVING FINAL MAP OF
TRACT 6454
WHEREAS, a final subdivision map of TRACT 6454
KENDALL PROPERTY having heretofore been filed with this City
Council for approval, and it appearing that all streets, public ways and
easements shown thereon have not been satisfactorily improved nor completed,
and it further appearing that otherwise said map conforms with the require-
ments of Division 2 of Title 7 of the Government Code of the State of
California, and with all local ordinances applicable at the time of
approval of the tentative map and all rulings made thereunder, save
and except as follows:
NOW THEREFORE BE IT RESOLVED:
(1) The aforesaid final amp is hereby conditionally approved. Said
approval shall automatically be and become unconditional and final
upon compliance by subdivider with such requirements, if any, as set fortis
immediately above as not yet having been complied with, and upon compliance
with Section (3) hereof.
(2) All street dedications, and all other dedications offered on said
final map (except such easements as are declared to be accepted by
the terms of the City Clerks certificate on said map), are hereby rejected
pursuant and subject to Section #66477.1 of the Government Code of the
State of California.
(3) As a condition precedent to and in consideration of the future accept-
ance of any streets and easements not by this resolution now accepted,
and as a condition precedent to the City Clerk certifying the approval and
releasing said map for recordation, the owner and subdivider shall enter
into a written agreement with the City of Saratoga, secured by good and
sufficient surety bond or bonds, money or negotiable bonds, in amount of the
-1-
estimated cost of improvements, agreeing to improve said streets, public
ways and easements in accord with the standards of Ordinance No. NS -60
as amended and with the improvement plans and specifications presently
on file, and to maintain the same for one year after completion. The form
and additional terms of said written agreement and surety bond shall be
as heretofore adopted by the City Council and as approved by the City
Attorney. The mayor of the City of Saratoga is hereby authorized to exe-
cute the aforesaid improvement agreement on behalf of said city.
(4) Upon compliance by subdivider and /or owner with any remaining require-
ments as set forth in the preamble of this resolution (if any) and
with the provisions of Section (3) hereof, the City Clerk is authorized
and directed to execute the City Clerk's certificate as shown on said map
and to transmit said map as certified to the Clerk of the Santa Clara
County Board of Supervisors.
The above and foregoing resolution was duly and regularly introduced
and passed by the City Council of the City of Saratoga on the 2nd day
of December 19 81 by the following vote:
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
a � n [ r
3o 8E
L O C A_LO -N JIAP
S4
AN 5 LN.
F R
VALE AVENUE C
CM[
13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070
(408) 867 -3438
December 7, 1981
Mr. Clayton Thomas
12380 Saratoga - Sunnyvale Road
Saratoga, CA 95070
RE: Tract 6454 (SDR -1344
Dear Mr. Thomas:
At its meeting of December 2, 1981, the Saratoga City
Council approved the final map for Tract 6454 by passing
Resolution No. 1344 -02. A certified copy of that resolution
is enclosed.
Also enclosed is one copy of the executed Contract for the
Improvement of Tract 6454.
If you have any further questions concerning this matter,
please do not hesitate to contact our office.
Sincerely,
4 . -
Robert S: Shook
Director of Community-Development
RSS:cd
Enclosures
cc: Mr. Gerald Kendall, 14510 Sobey Road, Saratoga, CA 95070
/Mr. Bill Heiss, Suite 200, 925 Regent St., San Jose, CA 95110
.117
/ Deputy City Clerk
r l
CITY OF SARATOGA
AGENDA BILL NO: 4
0
Initial:
Dept. Head:
DATE: December 2, 1981 City Atty:
DEPARTMENT: Maintenance Services City Mgr
SUBJECT: Claim For Vehicle Damages
Issue Summary
The City received a letter from Sharon Holmes requesting payment for damages to her
car due to an open trench on De Havilland Court. Records show the City staff had not
done any recent dig -outs on De Havilland Court and determined that Pacific Telephone and
Telegraph was given an encroachment permit to perform work on De Havilland Court and
therefore would be very likely the agency responsible for leaving an open trench.
Sharon Holmes has been notified of this in a letter from Director of Maintenance Services
dated November 19, 1981.
Recommendation
Deny claim.
Fiscal Impact
Exhibits /Attachments
Letter from Sharon Holmes.
Response of Maintenance Services Director
Council Action
12/2: Mallory /Jensen moved to deny claim. Passed 5 -0 (Consent Calendar).
r
:_,0Uvhv
9 1981
- � ). t - -
.7h aA �cll
� y
r� %''
13777 FRUII'VALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867 -3438
November 19, 1981
Sharon Holmes
15201 Montalvo Road
Saratoga, CA 95070
Dear Ms. Holmes:
Your letter regarding damage to your car, which occurred on October 10, 1981
at 19434 De Havilland Court, was referred to my office by the City Manager.
It has been determined the City of Saratoga was not responsible for the
digging of or leaving open of the trench-at the base of the driveway
which you inferred caused damage to your car.
According to City records an encroachment permit (right to modify the
surface of the street) was granted to Pacific Telephone and Telegraph
Company to perform certain work on De Havilland Court. Permit Number
N- 481285 was granted by the City to P,T'.& T on September 14, 1981. The
individual who completed the permit representing P,T & T was J. V. Arruiza,
with contact listed as Repair Service Bureau, extension 611.
I would suggest you contact the individuals at P, T & T to determine the
appropriate manner for filing a claim for damages to your vehicle.
Your letter of November 6th will be on the Saratoga City Council agenda
under Written Communications at the December 2nd meeting, along with a
copy of this communication. If I can be of further assistance to you
please do not hesitate to contact my office.
ms
Sincereely�,
Barbara Sampson, Director
Maintenance Services Department
s
nh�J �n
Qq
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070
(408) 867 -3438
December 8, 1981
Ms. Sharon Holmes
15201 Montal.vo Road,
Saratoga, California 95070
Dear Ms. Holmes:
Please be advised that the claim which you presented to.the City of
Saratoga was considered at its regular meeting on December 2, 1981.
The City Council voted to deny this claim. "
WARNING
Subject to certain exceptions, you have only six (6) months from the
date of this notice to file a.court action on this claim. See
Government Code Section 945.6
Sincerely,
At"e ` 17---
Grace E. Cory
Deputy City Clerk
cc: Saratoga Insurance