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HomeMy WebLinkAbout02-04-1998 Staff Reports I SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. -2 -11.f AGENDA ITEM MEETING DATE: FEBRUARY 4, 1998 CITY MANAGER: A ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD: SUBJECT: Letter from Cheriel Jensen, 13737 Quito Road,_requesting actions to regulate pesticide use within the City RECOMMENDED MOTION(S): Note and file. REPORT SUMMARY: The attached letter from Mrs. Jensen requests that the City Council, through the adoption of an ordinance, enact regulations to control the use of pesticides within the City. In particular, Mrs. Jensen is interested in regulating the activities of pest control services which perform termite eradication work on residential properties. Some of the suggestions made by Mrs. Jensen include mandatory noticing of neighboring properties in advance of any work, and a prohibition against the use of gaseous insecticides in favor of alternative treatment methods. Reference to an appeals process is also made presumably when a property owner or his pest control contractor has made the decision to tent a structure and use a gas treatment. Without ettin into the relative merits or effectiveness of alternative termite treatment methods, I g g believe it would be extremely problematic for this City, following its basic service philosophy, to regulate such activities. Further, I am concerned that singling out pest control companies which specialize in treating for termites may be viewed as discriminatory if the same regul are not equally applied to all companies which perform pest control work including gardeners and landscape maintenance contractors. Given that pesticide use is already strictly regulated by county and state authorities, and little interest has been expressed in this issue up to this point, I question whether additional local regulations are truly needed. However, if the Council is inclined to pursue this issue, I would recommend that the matter be referred to Planning staff to perform the research which would be necessary to craft appropriate and enforceable regulations. Representatives from State and county regulatory agencies, industry and the real estate sector should be consulted during the process of developing regulations so that their collective knowledge can be drawn upon. Better yet, this issue might be more appropriately dealt with at a countywide or regional level where other environmental programs and policies are typically developed. This would lessen the burden on City staff to assume a lead role on an issue which obviously extends beyond just the City's borders. FISCAL IMPACTS: Unknown at this time. None if the Council takes no action on the request. Significant if the Council directs staff to proceed with the development of an ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N /A. FOLLOW UP ACTIONS: Depends on Council's decision. ATTACHMENTS: Letter from Cheriel Jensen. 1 I I I I Cherie! Jen8en 13737 Qito road, Saratoga, California 95070 408 379 -0463 January 21, 1998 City of Saratoga City Council 13777 Fruitvale Avenue Saratoga, California 95070 Saratoga News li sn @sjmetro.com Dear City Council and Saratoga News Editor, I have recently returned from five day exile due to the use of toxic materials by an adjacent neighbor. For background, I was disabled from exposure to repeated, unnoticed pesticide use in my workplace over 14 years. I became chemically sensitized, a condition that is life threatening. I am disabled, can no longer attend a workplace or freely go about in the environment. When I must go about I must ingest charcoal to prevent anaphylaxis. Usual symptoms of pesticide exposure may include: flu -like symptoms, muscle cramps, backache, fatigue, blurred vision, red -dry eyes, stuffy ears, rhinitis, nausea, and inability to concentrate. After becoming chemically sensitized much smaller exposures cause these symptoms, but also more serious symptoms. Even small exposures have resulted in shock, anaphylaxis, heart arrhythmia, sudden falls, severe headache, severe allergic reactions, chemical pneumonia, chemical hepatitis and other immediate and life threatening conditions. Numerous times very quick responses of paramedics have kept me alive.. i California statutes require that pesticides not be used where and when drift will go onto another's property or effect bystanders yet a house can be fumigated in Saratoga without any prior notice to neighbors, without any attention to climatic conditions, and when drift will contaminate a neighborhood, even when chemically disabled person's and infants are in the vicinity. The homeowner where fumigation is centered, of course, knows and can plan his removal well ahead, in fact he may never even live in the residual toxins of the fumigated structure if he is a seller, but someone whose bedroom is 20 feet away may not know until the tent goes up -far too late to alter his plans or protect himself and his family. He may not even realize his danger as the immediate symptoms are practically identical to illness termed "a cold" or "flu." This case is a puzzle as the tented house is roughly 2 1/2 years old, rebuilt after the owner drenched herbicides to kill blackberry /honeysuckle near a huge, ancient oak. The herbicide killed the oak and the oak fell and crushed the house. It is not likely a newly rebuilt house would have any significant termite infestation. The only reason for such fumigation appears to be that the house is up for sale. 1 The State of California tested various termite methods two years ago and found that the treatment treatment f ve C1CC.iG gun, microwave LiCatmCr'it and hCat ucatrT�icis� are as effective v aS fumigation chemicals. Wh I saw the tenting g b g i g, I called the company, l When I �av`v iiC ��TiEiFi uC'�iiiiuii i Cai ed C CGci. afl told them of my disability, and requested they not treat with chemicals but use one of the other alternatives that the state has found equally effective. Though his men had not finished tenting (and thus the chemicals were not yet flowing) he asked me how I felt and claimed they had already started the I, chemical application. He asserted that since I wasn't in acute distress at that time that I wouldn't be affected by what they were doing. Thus he willingly attempted to mislead me about the timing of the application and it's effect on me. Knowing my condition he nevertheless refused to stop the fumigation. I called the Saratoga code enforcement officer who cited the company for operating in Saratoga without a business license. In spite of this violation, Saratoga required not even 1' one day of delay in issuing them a license on New Year's Eve. Learning they had given the fire district two dates, Dec. 30 or Jan 2, I believed them delayed till January 2 after they missed their December 30 date for failure to have a license. (The fire district must be notified in case the house explodes.) But I developed severe headache about 8:30 PM New Year's Eve and through the night. My husband went over early the next morning. Signs posted on the tent showed they had begun the gas application at 8:30 PM. I threw a few clothes in a suitcase as fast as possible and with my charcoal mask got a seat on a plane and went to stay with family for five days, leaving behind very important family obligations and time certain deadlines. I got sick again when I returned and still experience headache, fatigue, pain and increased rashes since this toxic gas application. When I returned I noticed my 50 foot tall, 26 year old Italian Stone Pine leaning excessively. It fell during the storm January 18. Some other plants in my garden have yellowed and some have died since the gas was used. I was made ill, had to interrupt my life, disrupt my family, leave important obligations behind, risk airline travel and impose on family. My garden has been irreparably altered. This is wrong. An ordinance is needed requiring actual noticing of neighbors well ahead of any poison gas or broadcast toxic applications. Some kind of appeal process is necessary. City business licenses should not be given to companies that refuse to use anything but broadcast poisons for pest control. Where safe, non toxic alternatives have been officially found effective, as is the case with termites in California, there is no reason poison gas should ever be tolerated anywhere in our city. I ask the City Council to please focus attention on this issue and take urgent action to protect the citizens of this city from these very dangerous and unnecessary practices. Yours truly Cheriel Jensen 2 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 20 20 AGENDA ITEM Z t Ay/ 4 I MEETING DATE: FEBRUARY 4, 1998 CITY MGR.:i1,;, •F I. ORIGINATING DEPT.: COMMUNITY ENVIRONMENT PREPARED BY: SUBJECT: Final Map Approval for Tract No. 8979 (6 lots at 13121 Saratoga- Sunnyvale Road), Owner: Kathryn Kennedy. Recommended Notion(s): 1. Move to adopt Resolution No. SD 95 -007 granting final map approval of Tentative Map Application No. SD 95 -007 for six lots at 13121 Saratoga Sunnyvale Road. 2. Move to authorize the Mayor to execute the Subdivision Improvement Agreement. Report Summary: Attached is Resolution No. SD 95 -007 which, if adopted, will g rant final map approval for six lots located at 13121 Saratoga- Sunnyvale Road. I have examined the final map and related documents 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 95 -007, have been completed or will be completed concurrent with development of the six 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. i r I Fiscal Impacts: The subdivider has paid $22,910 in Engineering Fees and $40,800 in Park Development Fees required for this subdivision. Follow Up Actions: The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. 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. Site Map. 2. Tract Map. 3. Resolution No. SD 95 -007 granting final map approval. 4. Subdivision Improvement Agreement. 5. Planning Commission Resolution No. SD 95 -007 approving the tentative map with conditions. REPORT TO THE PLANNING COMMISSION Application No. /Location: SD -95 -007; 13121 Saratoga Sunnyvale Road Applicant /Owner: KENNEDY Staff Planner: Anne Dailey Date: August 14, 1996 APN: 503 -19 -048, 070, 075 Director Approval: litliiii *Alt OP 1 1111 ;rc *''''ss 44 I 1 v A II Arl 4 411/ n. 4 1*A /al 1 7. AIP A rnall1 1 116 1 i wAI 2 III 111111U4 Egfrullirliiiimmirif0f 1 ay I i I A wit ip 111111111_ 7 6 Nir 1 4, 4) .,..,:iv.,...,,,. Lim r....., `o o r Ern In■a■in NO* A 1 4 4 1...1k ilts■ �v, itiri ft-4 t t illtl.atnt, mi A.,4..c; 4 k r i Aill emi AI la* fair ma n101 RT C 111 --1 abiatara I jI1ji tP ■I A‘ PP AllIti' 111 iseiliii. 10 1 i lty,‘"v ,P1, 4 11 rini,11! MPAriOltilt Ate% It maiiiiimp ip v .6yZ MIL 111 ,n,mavu;:ni: y III I r i� I NEN .11. j I i T. I 8979 BASIS OF BEARINGS THE BEARING OF N 2'15'00 "W OF THE CENTERLINE OF LEGEND a NOTES DISTINCTIVE BORDER LINE EXIST. LOT LINE TRACT SARATOGA-SUNNYVALE ROAD AS SHOWN ON THAT CERTAIN EXIST. EASEMENT LINE CONSISTING OF THREE SHEETS RECORD RECORD OF OF SURVEY RVEY FI LED IN BOOK 619 OF MAPS AT PAGE PROP. LOT LINE 30 OFFICE OF THE RECORDER OF SANTA CLARA COUNTY PROP. CENTER LINE BEING PORTION OF THE QUITO RANCHO WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY FOUND MONUMEN AS NO TED TRACT N0. F OUND 3 /4" I.P. OR AS NOTED 0 3/4" I.P. TO BE SET WITH TAG L.S.6314 LYING ENTIRELY WITHIN THE CITY OF k� 1789 STANDARD CITY MONUMENT IN BOX SARATOGA, CALIFORNIA TAGGED LS 6314 TO BE SET PER NOLTE and ASSOCIATES, Inc. $59 M 21 STANDARD CITY DRAWING. P.M. INDICATES RECORD DATA Engineers/Planners/Surveyors LE LANDSCAPE EASEMENT SAN JOSE CALIFORNIA 16 1 1 PCL. A PCL B PUE PUBLIC UTILITY EASEMENT SCALE 1"...40' JANUARY. 1998 1 OSE RIPARIAN HABITAT PRESERVATION /OPEN SPACE EASEMENT n \Q. e. SSE SANITARY SEWER EASEMENT 0 a pP,L SDE STORM DRAIN EASEMENT e 0.30' No N26'40'33 "W �o (N6 N6 5 7'S'S2 6'52" E fOQEt� 920 4 1 83' 44C`,''ry f a o ap PR o` ti" r S ALL DISTANCES AND DI MENSIONS E ARE N SHOWN IN FEET AND 1 42- 67.32' ia1 az' (181 61 9 ,p DECIMALS THEREOF. I 90.0 37.47JJ �o' 86.53' --7 I 796.18' 826'40'33 "E' N 124.00' 1 FND. R.R. SPIKE 24.15' .t• Z m A 27'21'16" w`- N54'01'49 "W `O t R= 40.00' w o i, y 31.33' o� O LOT 3 l 9� q U fR 8 L 19.10 854'01'49 "E 311.27 31.96 D 1 F ND CUT EA R\ 36 20' DESIGNATED REMAINDER 6 TOP OF HEADWALL m a P Q i' S67 W LIMIT 15796 S.F. m n 5675 .1 3 W 6.339 ACRES Fx7$A j 61.51' ,OF OSE I F ',g6 P.M. 577 MAPS 16 Q� 62 7 0' s iv i 0 97'28'29" RECORD DATA ay 5.15 F R= 30.00' v 1 ce I 3 51.04 U10 w a w 0 R.S. 141 -M -29 LIMIT OF OSE 1 j N O �s� �N a M a LOT 2 LOT 1 0 TRACT NO.562 20 -M -30 SEE SHEET 3 OF�/ o O Sbr•O Ooo2s\ o j• M n ,0 N 3p TRACT NO.4673 255 -M -9 1 R.S. 619 -M -30 t ta C 9 N o in Z 34419 ro R.S. 353 -M -56 p 0 13 Z (344.20)C)0 163 F D34 QF R.S. 177 -M -32.33 CENTERLINE p p R 42.00 7/ RCE 18632 A 0 P .M. N0.1789 759 M M 1 21 OF 120' OSE L 10 di S1541, �08 "E� O� ID -,e) 5 26 p 1 N7 '48' E R V C RCE A COMMONj� 33' 213.77.3 Ct R =2� 00 1.-„__14 97 3 V 37.89)0 Q R.S. 195 21 t1 "E V 16.3' I o`o a o 1� \A I c' l a oN58' 3 "E -0---- 29' 11' 5 23' 0, P.M. 577 16 I inm A 59'07'48' e.'"3---,-3° 00' L= 138.34',6= 26'25'1" N 1100L0 49 0 o u N TRACT N0.3082 144 14 EXISTING h i n R 15.00' L 10' SSE r- 5741 "W( L 15.48' RODEO (MEEK o. N5$'3 7 po 40 A/8?.„ 20 4 50 0 GRANT DEED 6200 OR 547 -558 6200 OR 1 31'02'06 "1 JF, 35,i7 50 2m X DEED ACCEPT. 6239 OR 612 DEEDS of TRUST G394 OR 637 8 640 I 0 11'16'57" Q C75 Ti V O 815'20'58 "W R 44.00' p Cl 3 ni 2 /16.75 L 23.83' R 104.80' 01 J O 0t) Q 0 AFFIDAVIT J530 OR 712 715 I 102'50'34' L 20.4$' V N 1 2' a 4, O (I 6772 OR 290 S8729'36 "E R 10.00' in 3 7 0' f. co I R 67'08'35" N 0 PU l v.' z_- 1, 1705 L 17.95' R 80.00' Q- w o 0 w F O N 2 1 Z p' CURVE TABLE I a o w CURVE RADIUS LENGTH DELTA 17011 S.F. i. 3 h R '20.00' 94'49'40" L 93.75' g 4 o P 16401 S.F. 0,--,. v o 4 3 o m� Cl 305.00' 50.04' 09'24'02" )I YL 33.10' I 4 �a ^`O 13090 S.F. z 0'O= N 3 i� Q' C2 280.00' 48.96' 10'01'05" I I o /T ?:T R i 1.013 ACRES N Z m o 0 o y C4 80.00' 20.58' 4'44'28" g36:: T N` 2 o H 1 I' H' 50720'04 W PTO p o w 05 42.00' 46.53' 63'28'40" n FND. GRAN. MON h I h0'`0 137.00 a C6 42.00' 95.54' 130'20'03" I 215.93' 27.11' 155.00' 85.99' 32 .27�� I N MON. BOX C7 42.00' 40.26' 54'55'05" 44.92' 68.84' ��61. 33' 571.96' TO PILE I 1283.03' TO S.L. C8 80.00' 41.29' 2934'29" 567'58'16 "W 1321.75' TO C.L. C9 320.00' 7.84' 01'2 N67 PARCEL J 177 32 010 320.00' 75.06' 13'26'19" (N67'S7'03 E) (N6T39'26 E) Co O 6.45' 6772 OR 290 C11 265.00' 86.05' 18'36'19" 4 14 15 1 16 012 30.00' 53.50' 102'11'01" 013 42.00' 182.33' 248 I SS• 014 80.00' 61.41 43'58'46" TRACT NO. 4673 I C15 320.00' 82.89 I 4. 50 s2 016 90.00_ 1E3.11' 1 SJ0405 SHEET 2 OF 3 SHEETS RESOLUTION NO. SD 95 -007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA I, APPROVING THE FINAL MAP OF SD 95 -007 13121 SARATOGA- SUNNYVALE ROAD (KATHRYN KENNEDY) The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Lots 1 6 as shown on that certain map of Tract No. 8979, prepared by Nolte and Associates, Inc. dated January, 1998, and filed with the City Clerk of the City of Saratoga on February 4, 1998, are approved as SIX (6) individual parcels. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rejected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or it implied offers of easements for public utility purposes, the same are hereby accepted on behalf of the public. The above and foregoing resolution was g g passed and adopted by the Saratoga City Council at a meeting held on the th day of February 1998 by the following vote: AYES Councilmembers Jacobs, Shaw, Moran, and Mayor Wolfe NOES: None ABSENT: Councilmember Bogosian I ABSTAIN: None 'i Mayor ATTEST: L Deputy City Clerk G' i I 1 h I I it 1 CONTRACT FOR THE IMPROVEMENT OF SD 95 -007 Phase One AGREEMENT, made and entered into this day of 199 by and between the CITY OF SARATOGA, a Municipal corporation of the State of California, hereinafter called "City and Kathryn Kennedy, subdivider and Owner, hereinafter collectively called Subdivider: W I T N E S E T H: WHEREAS, Subdivider is engaged in subdividing that certain tract of land known and designated as 13121 Saratoga Sunnyvale Road situated in the City of Saratoga, County of Santa Clara, State of California; and WHEREAS, a final map of SD 95 -007 Phase One has been filed with the City Clerk of the City of Saratoga for Y Y g 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 Nolte and Associates, 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 i 1 j 2 WHEREAS, the City Council of said City did on the day of 199 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 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 ii 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 I 1 3 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 $14,800.00 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 amount of said bond to be in the sum of 148,000.00 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 One Hundred Forty -Eight Thousand Dollars 148,000.00 3. Subdivider does hereby expressly agree to indemnify and li hold harmless the City and in their capacity as such, its Ij 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 q 9 Y Y 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 3 it 4 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 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 'l y 5 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 1 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 0 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, 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 Eleven Thousand Eight Hundred Eighty Dollars 11,880.00) to be applied by City to the payment of i, expenses to be incurred by City for engineering and inspection 6 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. 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. 3 7 i k IN WITNESS WHEREOF, the parties hereto have set their hand the day and year first above written. I r CITY OF SARATOGA, a Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney BY: LLAGilt S ivi j By: (Owner, if different from Subdivider) I i I s I RESOLUTION NO. SD -95 -007 CITY OF SARATOGA PLANNING COMMISSION APPROVING VESTING TENTATIVE MAP OF KATHRYN KENNEDY; 13121 Saratoga Sunnyvale Road 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 Vesting Tentative Map approval of twelve (12) lots, all as more particular- ly set forth in File No. SD -95 -007 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 are compatible with the objectives, policies and general land use and programs specified in such General Plan, reference to the staff report dated August 14, 1996 being hereby made for further particulars; and WHEREAS, this body has heretofore received and considered the environmental Negative Declaration prepared for this project in accord with the currently applicable provisions of CEQA; and WHEREAS, none of the conditions set forth in Subsections (a) through (g) of Government Code Section 66474 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 duly noticed public hearings on August 14, September 5, September 25 and October 9, 1996 at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission closed the public hearing on October 9, 1996 and moved 4 -2 (Abshire, Murakami, Pierce, Siegfried FOR Kaplan, Patrick OPPOSED) to approve the Vesting Tentative Map marked Alternative #3 and to direct staff to prepare a revised approval Resolution for the October 23, 1996 meeting. NOW, THEREFORE, BE IT RESOLVED that the Vesting Tentative Map for the hereinafter described subdivision, which map is dated "Received 7/17/96" and is marked Exhibit "A" (Formerly Alternative #3) in the hereinabove referred file, be and the same is hereby conditionally approved. The conditions of said approval are as follows: Completed by Surveyor. 1. Prior to submittal of a Final Map or phased Final Map to the 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 shall show the existence of a monument at all external property corner I I I File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY locations, either found or set. The submitted map 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. Vesting Tentative Map, along with the additional documents required in Section 14- 40.020 of the Municipal Code, to the City Engineer for examination. Each Final Map shall contain all of the information required by Section 14- 40.030 of the Municipal Code and shall be accompanied by the follow- ing items: a. One copy of map checking calculations. b. Preliminary Title Report for the property dated within ninety days of the date of submittal of each 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. Bond Posted. 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 on 5. The owner (applicant) shall provide Irrevocable Offers of Final Map. Dedication for all required easements and /or rights of way on the Final Map or initial phase Final Map, in substantial conformance with the approved Vesting Tentative Map, prior to any Final Map approval. 6. The owner (applicant) shall submit engineered improvement Plans submitted and plans to the City Engineer in conformance with the approved approved. Vesting 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 i I File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY City Engineer and the appropriate officials from other public agencies having jurisdictional authority, including public and 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. The removal of the existing earth dike and culvert system located on Rodeo Creek at the southerly boundary of the subdivision. Rip -rap and /or other permanent erosion control shall be placed at the location of the removed dike /culvert system. Fish and Game and the Santa Clara Valley Water District shall be notified and all required permits obtained prior to commencement of work. b. The existing pathway along Saratoga Sunnyvale Road shall be removed and replaced between the limits of the subdivision. In addition, concrete curb and gutter and A.C. pathway shall be constructed along the frontage of the subdivision, extending north from Paramount Drive to the driveway of the adjacent property owner on Saratoga Sunnyvale Road north of the subdivision. c. The frontage and roadside landscaping, irrigation, and fencing. Final Phase 2 improvement requirements shall include but not necessarily be limited to: a. A 134" A.C. overlay shall be placed on Paramount Dr. from Rice Ct. to the northern boundary of the subdivision. Fees Paid. 7. The owner (applicant) shall pay an Improvement Plan Checking fee, as determined by the City Engineer, at the time Improve- ment Plans are submitted for review. Agreement signed. 8. The owner (applicant) shall enter into an Improvement Agree- ment with the City in accordance with Section 14- 60.010 of the Municipal Code prior to each Final Map approval. All securities provided. 9• The owner (applicant) shall furnish Improvement Securities in 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. Insurance provided. 10. 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. All utility commitments 11. Prior to each Final Map approval, the owner (applicant) shall provided. jl I I i File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY li furnish the City Engineer with satisfactory written commit- fs ments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements. All permits obtained. 12. 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. Acknowledged. 13 All public and private improvements required for each phase of the project shall be completed and accepted for construction by the City Engineer, Planning Director, and /or the appropri- ate officials from other public agencies, including public and private utility providers, prior to issuance of building permits for any lots created during each respective phase. Fees paid. 14. The owner (applicant) shall pay the applicable Park and Recreation in -lieu fees prior to each Final Map approval. P_rovi:siQns_to_maintain 15. Subject to the determination of the Public Work's Director, landscape areas in CC &Rs. prior to Final Map Approval of Phase 1 the owner (applicant) shall: a. Enter into a Landscape Maintenance Agreement with the City for maintenance of the newly created landscape areas along Saratoga Sunnyvale Rd. and the newly created cul- de -sac off Saratoga Sunnyvale Rd. 16. Subject to the determination of the Public Work's Director, prior to Final Map Approval of Phase 2 the owner (applicant) shall: CC &Rs subinitted,.and a. Enter into a Landscape Maintenance Agreement with the approved. City for maintenance of the emergency vehicle access road /pedestrian bicycle parkway ("Parkway"). This Agreement shall be in the form of CC &Rs prepared by a qualified professional and recorded against each of the seven newly created Phase 2 lots which will encumber each of the Phase 2 lots and each owner and successive owner as covenants running with the land. The CC &Rs shall establish the Association that will own and maintain the Parkway. The owners of the seven Phase 2 lots shall be members of the Association. Membership shall be mandatory and the Association shall be responsible for all necessary maintenance of the Parkway. Easement on Final Map. b. Record an emergency vehicle ingress /egress easement to the City of Saratoga and the Central Fire District and a public utility easement to the water company over the Parkway. I l I ,I I File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY Easement on Final Map. c. Record a pedestrian and bicycle ingress /egress easement to the City of Saratoga over the Parkway. Acknowledged. d. Prepare a landscape plan, subject to the Community Development Director's approval, for the Parkway. Acknowledged. e. Cause to have the northern portion of Paramount "Drive" changes to Paramount "Court N/A. 17. Subject to the determination of the Public Work's Director, p prior to approval of each Final Map the owner (applicant) may be required to execute an agreement with the City waiving the 1 rights of the 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 Landscaping and Lighting Assessment District LLA -1. The owner (applicant) agrees to such waiver. NLA. 18. Subject to the determination of the Public Work's Director, prior to each Final Map Approval, the owner (applicant) may be required to execute an agreement with the City waiving the rights of the owner, and any successive owners, to protest the formation of and /or annexation into an assessment district for the purposes of undergrounding utility lines serving the properties. The owner (applicant) agrees to such waiver. Acknowledged. 19. All building and construction related activities shall adhere to New Development and Construction Best Management Practic- es as adopted by the City for the purpose of preventing storm water pollution. Acknowledged. 20. 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 deter- mined '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. 21. All new structures shall be connected to the sanitary sewer in Acknowledged. accordance with the requirements of the Cupertino Sanitary District. The applicant will be required to annex to the Cupertino Sanitary District sewer service area. Completed. 22. Any existing septic tank on the property shall be pumped and backfilled in accordance with the standards of the Santa Clara County Environmental Health Division prior to Final Map approval of Phase 1. Completed. 23. Any and all existing wells on the property shall be properly 'registered with the Santa Clara Valley Water District and either maintained or abandoned in accordance with District standards prior to Final Map Approval of Phase 1. File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY III Completed. 24. All containers identified by the Santa Clara County Hazardous Materials Compliance Division shall be removed from the site and disposed of as hazardous wastes per Division requirements prior to Final Map Approval of Phase 1. Acknowledged. 25 The owner (applicant) shall install public fire hydrants at a location and spacing to be determined jointly by the. Central Fire District and the San Jose Water Company. 26 Prior to the respective Final Map approval, a riparian habitat Easement on Final Map. preservation /open space easement shall be recorded for Lots 4, 5, 6, and 7, sixty feet from the centerline of Rodeo Creek. No built improvements, with the exception of open wire fencing with spacing between the wires of at least four inches in diameter, shall be permitted within this sixty feet. Acknowledged. 27. Future development of Lots 1 through 11 shall require Design Review approval. Building sites shall be consistent with the approved building envelopes and based on then current Zoning Ordinance regulations and City policy. All structures shall be located to maximize tree preservation. Acknowledged. 28. Initial home construction on Lot 5 shall be limited to a single story structure not to exceed 22 ft. in height. This restriction shall expire upon Final Occupancy approval of the new home and the property shall thereafter be governed by then current zoning ordinance requirements. 29. A requirement of Design Review for lots 3 through 11 shall be Acknowledg the submittal of landscape plans indicating native and /or drought tolerant tree species in conformance with the City's Xeriscape Guidelines. Landscape plans for lots 3 through 5 shall include a minimum of one 24" box street tree, lots 6 and 7 shall include a minimum of two 24" box street trees, and lots 8 thorough 11 shall include a minimum of two 24" box size street trees and two additional 24" box size trees to be located. per the applicant's preference. Acknowledged. 30. 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. Acknowledged. 31. No grading or building pad improvement work shall take place on the individual lots until Design Review applications have been reviewed and approved by the Planning Commission. Acknowledged. 32. No ordinance size trees, with the exception of those trees shown to be removed for roadway and /or public improvements per Exhibit "A shall be removed without a tree removal permit. i !1 File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY C4ri1�51EEt�ed 33. Pursuant to the City Arborist's report dated August 31, 1995, all tree preservation requirements shall be met prior to each Final Map approval, including but not limited to: a. All trenches for any utility or drain lines shall be plotted on the map and reviewed and approved by the City Arborist. b. All recommended tree cabling, pruning, and end weight removal for tree #6 shall be completed and accepted by the City Arborist. Acknowledged. 34. Prior to the commencement of any construction or demolition �I activities, the City Arborist shall oversee and inspect the i. following work: a. Installation of tree protection fencing at the driplines of all trees to be preserved. This fencing shall consist of five foot chain link tree protective fencing mounted on 2 inch galvanized iron posts driven at least 2 feet into the ground. The fencing shall remain in place throughout all demolition and construction activities. b. The removal of those trees in conflict with the approved roadway construction and shown to be removed on the approved Vesting Tentative Map. No other ordinance protected trees shall be removed. Acknowledged. 35. The owner (applicant) shall submit to the City, in a form acceptable to the Planning Director, security in the amount of $5,000 to guarantee the installation, replacement, mainte- nance, and /or preservation of trees on the subject site. This security deposit shall be released at the time of construction acceptance upon the City Arborist's finding that all tree protection measures have been adequately followed. Completed. 36. Prior to Final Map approval of Phase 1, the applicant shall submit a revised subdivision landscape plan to indicate that the size of the trees have been upgraded from 15 gallon to a minimum size of 24" box. Acknowledged. 37. Subdivision construction hours shall be restricted 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 determina- tion of an emergency. No construction work shall be permitted on legal holidays. 38. Applicant agrees to hold City harmless from all costs and Acknowledged. expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State I II III File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY j or Federal Court, challenging the City's action with respect it to the applicant's project. Acknowledged. 39. Noncompliance with any of the conditions of this permit shall constitute a violation of the permit. Because it is impossi- ble 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 1. Conditions must be completed within twenty -four (24) months or approval will expire. I' Section 2. All applicable requirements of the State, County, City and other Governmental entities must be met. l Section 3. 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 23rd day of October, 1996 by the following vote: AYES: Murakami, Patrick, Pierce, Siegfried NOES: Asfour ABSENT: Abshire, Kaplan l� t G air, Panning Commission ATTEST: 62 Secretary, Planni g Commission Ii SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM 5- J MEETING DATE: FEBRUARY 4, 1998 CITY MGR.: r L ORIGINATING DEPT.: COMMUNITY ENVIRONMENT PREPARED BY: SUBJECT: 1997 Pavement Management Program Final Acceptance and Notice of Completion Recommended Motion(s): Move to accept the project as complete and 'authorize staff to record the Notice of Completion for the construction contract. Report Summary: All work on the 1997 Pavement Management Program has been completed by the City's contractor, O'Grady Paving, Inc.,, and inspected by Engineering staff. The final construction contract amount was $210,876.88, which is 1.9% above the awarded contract amount of 1 $207,013. However, of this total amount, $14,170 was expended on an asphalt concrete pathway connecting the rear parking lot at Redwood Middle School to Shadow Oaks Way, and $18,500 was expended on the Saratoga Avenue Pathway Phase I Project. The Redwood Middle School project was funded out of the Transportation Development Act Fund (ADA Improvements), and the Saratoga Avenue Pathway Project was funded out of a grant the City received under the TDA Article 3 Program. In addition to the above mentioned work and the paving of Saratoga Avenue, approximately $9,500 was expended on emergency paving repairs to the Hakone Gardens entrance road. In order to close out the construction contract and begin the one year maintenance /warranty period, it is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30 day Stop Notice period for the filing of claims by subcontractors or material providers may commence. t 1 Fiscal Impacts: The ten percent retention withheld from previous payments to the contractor will be released 30 days after recordation of the Notice of Completion assuming no Stop Notices are filed with the City. The adopted budget contains sufficient funds in Capital Project No. 9302 (ADA Improvements), Account 4510 to cover the cost of the construction of the Redwood Middle School Pathway, in Capital Project No. 9501 (Arterial Sidewalk Improvements), Account 4510 to cover the cost of the construction of the Saratoga Avenue Pathway Project, and ih Activity 31 (Street Maintenance), Account No. 4510 to cover the cost of the paving work. Follow Up Actions: Staff will record the Notice of Completion for the construction contract and release the contract sureties and retention thirty days thereafter. Consequences of Not Acting on the Recommended Motions: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. Advertising, Noticing and Public Contact: Nothing additional. Attachments: ii 1. Notice of Completion. i V 'I V i5 SARATOGA CITY COUNCIL I I EXECUTIVE SUMMARY NO. 2' AGENDA ITEM MEETING DATE: February 4, 1998 CITY MANAGER mo 0 ORIGINATING DEPT. Paula Reeve Office of the City Manager 1 SUBJECT: Proposed Massage Establishment Ordinance Recommended Motion(s): Introduce ordinance by title only, waiving further reading. Report Summary: Subsequent to the January 13 Council meeting, staff has further evaluated the fee schedules of neighboring cities relating to the administration of massage establishments, and analyzed the time requisite for Saratoga staff to implement the proposed ordinance. A comparison of the fees charged by Cupertino and Los Altos, which have already implemented similar ordinances, revealed a significant variance among rates for these jurisdictions. The recommended fees for Sarato a!s various massage g g permits are included in Attachment 1. Fiscal Impacts: The proposed fees for Saratoga reflect a combination of what staff believes are a sufficient number of staff hours to process the various permits and to recover indirect costs, resulting in full cost recovery. Several of the existing fees have been reduced, since these were deemed to be excessive, even after the indirect costs had been added to the required staff time. The proposed fees for appeal hearings are based on a two tiered system of a lesser fee to appeal a massage therapist permit denial, and a more expensive charge for the appeal of a permit suspension or revocation. Staff anticipates that the high fee will deter establishment owners from appealing permit suspensions or revocations which would have originally been prompted by a serious breach of the ordinance conditions. The calculation of these fees are al$O based on the time required by staff tc ..a lminister each appealrgocess. II I Page 2 Proposed Massage Establishment Ordinance I I Advertising, Noticing and Public Contact: As requested by Council, Saratoga massage establishment owners have been informed of the proposed fee schedule. The City Attorney and staff have also spent considerable time and effort meeting with the establishment owners and massage therapists to discuss the new ordinance and to incorporate their recommended revisions into the final draft. Consequences of Not Acting on the Recommended Motions: Staff will continue enforcing the existing ordinance which is outdated and does not adequately reflect prevailing massage establishment operating standards. Follow Up Actions: A second reading will take place on February 18. If approved, the ordinance will take effect 30 days thereafter. Accordingly, staff will then work with the massage establishment owners to implement the requirements of the new ordinance. Attachments: 1. Fee Schedule 2. Mike Riback's December 5, 1997 Ordinance Summary 3. Ordinance J i ATTACHMENT 1 PROPOSED MASSAGE PERMIT FEE SCHEDULE CURRENT PROPOSED I MASSAGE ESTABLISHMENT PERMIT $1,250 $750 1 Annual Renewal 500 375 li MASSAGE PRACTITIONER PERMIT 400 350 Annual Renewal 200 175 MANAGING EMPLOYEE PERMIT N/A 350 Annual Renewal N/A 175 TEMPORARY MASSAGE PRACTITIONER N/A *350 PERMIT (90 Days) EXAMINATION FEE N/A As set by Examiner BACKGROUND INVESTIGATION /PRINTS 50 As set by Sheriff APPEAL HEARING FEE N/A Permit Denials 500 Permit Suspensions /Revocations 1,500 Credited towards fee for Massage Practitioner Permit, if issued. l A ttachme n t 2 l DEC -05 -97 FRI 10 :19 MEYERS,NAVE,RIBACK &SILV, FAX NO. 510 351 4481 sx I t i MICHAEL R NAVE MEYERS, NAVE, RIBACK, SILVER WILSON q: A PROFESSIONAL LAW CORPORATION STEVEN R MEYERS tLI ABETH H. SILVER MICHACL 3. WnwcK GATEWAY PLAZA PTh S 9 AV �FFICF KFNNETN A. WILSON DAVID W SKINNER 777 DAV1S STREET, SUITE 300 555 FIFTH STREET. Sum 2ao SANTA ROSA, CA 95401 STEVE KD E. CAMPBELL SAN LEANDRO, CALIFORNIA 94577 TELEPHONE: (70)1 645 8009 STEVEN 7, SKINNER CLIFFO I r. RODRIpUEZ TELEPHONE: (510) 351 -4300 rACSIMILC: (7071 *45 -6677 KATHI FEN FAURION, AICP FACSIMILE: (510) 351 -4481 RICK W. JARVIS CENTF�A VALLEY OFFI LARLSSA O M. SET DEBBIE F. M. M SET WAVNE K 8 NOOGRASS `5^•50 CLAM[MONT AVENUE ARNE B. SANDBERG STACKTON, CA 9S207 BENJAMIN P. FAY TELEPHONE: 12091 951 -4080 DANIEL A HULLER FACSIMILE: (209) 951.3009 LIANE M. RANDOLPII PATRICK WHITNELL KATHARINE G. WEl I MAN MEMORANDUM OF COUNSEL ANDREA .1 SALTZMAN CERTIFIED APPELLATE SPECIALIST TO: City Council DATE: December 5, 1997 City Manager City of Saratoga FROM: Michael S. Riback City Attorney RE: Summary of the Proposed Massage Establishment Ordinance 1 i The proposed Massage Establishment Ordinance enacts a rigorous permit process for persons and businesses wishing to engage in the practice of massage. The general philosophy behind this ordinance is that, only the legitimate businesses and practitioners will meet the knowledge and/or security requirements necessary to obtain a permit. This ordinance is very similar to other ordinances recently enacted by the cities of Los Altos Hills, Mountain View, Cupertino, San Jose, San Carlos and several other Bay Area cities. j' The new ordinance covers most of what the existing ordinance now regulates, except that it does it much more thoroughly. One difference between the two ordinances is that the new ordinance does not require the City Manager to conduct a public hearing for a new massage establishment. This provision was eliminated because with the detailed, permit requirements, a hearing is not necessary. he new, Under the new ordinance, there are four specific types of permits: a massage e establishment g P a managing employee permit, a massage practitioner permit and a temporary employee permit. Anyone applying for one of these permits must submit Y detailed personal and/or business information under the enalt of perjury, P Y p rJ ry, including 'i DEC -05 -97 FRI 10:20 MEYERS, NAVE, RIBRCK &SILV, FAX Nu, 510 351 4481 r. r i TO: City Council, City Manager FROM: Michael S. Riback, City Attorney RE: Summary of the Proposed Massage Establishment Ordinance DATE: December 5, 1997 PAGE: 2 I information concerning past employment, criminal history and /or specific business records. The City Manager may either deny the permit, issue a conditional permit, or approve the application. Upon approval, the permit must be renewed every year. In addition, massage practitioners must submit to a physical examination and pass an annual practical examination administered by a local physician to demonstrate a basic knowledge of anatomy, physiology, hygiene and the theory, practice, history, ethics and methods of massage. The only exception to this requirement is if the applicant has completed 300 hours of education and training at a recognized school and have passed the National Certification Examination for Therapeutic Massage, which must be taken eve four years. Also, existing massage practitioners are exempted from the 300 hour ry requirement if they are able to pass either the annual exam or the National Certification Exam. The ordinance also standardizes the environment in which massage establishments may operate. These standards include requirements for exterior signs, dressing rooms, unlocked doors, posting and payment of fees, the prohibition of alcohol, the maintenance of written records, hours of operation, lighting requirements and the standard of dress for employees. In addition, each establishment must meet minimum sanitary conditions for washrooms, cabinets, linens, disinfecting agents and massage pads. Finally, the new ordinance prohibits specific activities. These prohibited activities include any touching of sexual or genital body parts or uncovering and exposing of sexual and genital parts, before, during or after a massage. The ordinance also prohibits outcall massage services unless the client possesses a referral from a licensed.chiropractor or physician or the massage is defined as a "business massage." (A business massage means any massage of the neck, arms and back area, above the waist where the client is fully clothed and that is conducted at a place of business). le Michael S. Riback City Attorney MSRWSH:dsp F:\wrovviNRsw\273\oi \MEMO\DEC97\MASSAGE.SUM