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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