HomeMy WebLinkAbout02-04-1998 City council agenda (2)Public hearings will start promptly at 8:00, when the Council will move
from whatever item it is considering at that time to public hearings.
Note: Devices to assist the hearing impaired are now available in the
lobby.
AGENDA
SARATOGA CITY COUNCIL
TIME: Wednesday, February 4, 1998 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
7:30 Pledge of Allegiance 7'
1. ROLL CALL
2. CEREMONIAL ITEMS
A. Resolution in Memory of Frank Dutro, late Heritage
Preservation Commissioner
B. Resolutio�lappointing Charles Swan to Finance pommission
C. Administration of Oath of Office to Mr. Swan
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D. Proclamation on Random Acts of Kindness Day
E. Proclamation on Science Fair Week
3. REPORT OF CITY CLERK ON POSTING OF AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on January 30.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS
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City Council Agenda
2
February 4, 19.98
B. COMMUNICATIONS FROM COMMISSIONS None.
C. WRITTEN COMMUNICATIONS
1) Letter from Cheriel Jensen requesting action on use
of poisons for pest control
Recommended Action: Note and file.
5. CONSENT CALENDAR
These items will be acted upon in one motion for each section unless
they are removed from the Consent Calendar for discussion by
Councilmembers or any interested party. However, items in Section A
have already been considered by the Council at a previous meeting where
the public was invited to comment, after which the hearing was closed.
Those items are not subject to public discussion at this meeting
because the vote taken at the previous meeting was final. Resolutions
concerning decisions made at previous meetings are for the purpose of
memorializing the decision to assure the accuracy of the findings, the
prior vote, and any conditions imposed.
A. Previously- Discussed Items None.
B. New Items
1) Planning Commission Actions, 1/28 Note and file.
2) Parks and Recreation Commission Minutes, 1/5 Note
and file.
3) Anti- Loitering ordinance (second reading and adoption)
4) Memo Authorizing Publicity for Upcoming Hearings No
hearings scheduled for 2/18.
5) Approval of Check Register
6) Amended City Financial Reports for December:
a) Treasurerls Report Receive and file.
b) Investment Report Receive and file.
c) Financial Report Receive and file.
d) Quarterly Quarry Creek Trust Account Report
Receive and file.
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ity oil Agenda 3 February 4, 1998
7) Approval of Tract 8979, a six -lot subdivision located
at 13121 Saratoga Sunnyvale Rd. (Kathryn Kennedy,
Owner)
8) Final Acceptance and Notice of Completion, 1997
Pavement Management Program
C. CLAIMS AGAINST THE CITY None.
6. PUBLIC HEARINGS 8:00 pm.
A. Presentation on Route 85 Noise Mitigation Study
4. A. oral Communications (continued) and instructions to staff
regarding actions on current oral communications
7. OLD BUSINESS None.
S. NEW BUSINESS
A. Massage ordinance (first reading)
Recommended Action: Introduce by title only, waiving
further reading.
9. ROUTINE MATTERS (Note: City Attorney will be ezoused at this
point if no longer needed.)
A. Approval of Minutes 1/21; 1/'7
C/
I City Council Agenda 4 February 4, 1998
10. CITY COUNCIL ITEMS
A. Delegate and Alternate for ABAG General Assembly Meeting
D. Location of City Council Retreat March 14
A
C. Agenda items for joint meeting With Sheriff, Saratoga Fire
District, County Fire Department, and Public Safety
Commission February 10
Sheriff
1) Mid -Year Review of Law Enforcement Activity
Saratoga Fire District
1) Mountain Winery Use Permit
Fire and Traffic Issues
,ti 2) Status of Plans for Fire Station Renovations
t6K 3) Emergency Medical Service Issues
4) Property Inspection Program
5) Fire Prevention Issues
9 Weed and Brush Abatement
Water Main Replacements
Hillside Fire Control
6) Class A Roofs
7) Traffic Concerns
Emergency Response Times
Effects of Traffic Calming Measures
8) Future of Saratoga Fire District
County Fire Department Status Report
Public Safety Commission
1) Retreat
2) 1997 Accomplishments
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City Council Agenda 5 February 4, 1998
3) Work Program: 1998 Priorities
B. Other "Co�— A �J`" z
E 9,A -7(-33
11. ADJOURNMENT in memory of Frank Dutro to next meeting at 7:00
p.m. on Tuesday, February 10, at Adult Care Center, 19655
Allendale Avenue.
IN MEMORY OF FRANK DUTRO
WHEREAS, the Saratoga City Council mourns the death of Frank Dutro,
who passed away on January 15, 1998, and
WHEREAS, in Frank's professional life he served as a photographer
during Wold War II and the Korean War and worked for Lockheed
Missiles and Space, and
WHEREAS, after retirement Frank served the City of Saratoga as a
member of the Heritage Preservation Commission from April 1993
until his death, and left as a legacy to us a historical video of
Saratoga, and
WHEREAS, because of Frank's interest in the history and culture of
the community, he was also a member of the Saratoga Historical
Foundation, Friends of Montalvo, and Friends of Hakone, and
WHEREAS, as a long -time Saratoga resident Frank will be greatly
missed by his many friends.
NOW, THEREFORE, BE IT RESOLVED, that
FRANK DUTRO
is hereby remembered with gratitude for his service to the City of
Saratoga, and we send sincerest condolences to his widow, Mary
Lynn, and the rest of his family.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the 4th day of February,
1998, by the following vote:
AYES: Councilmembers Bogosian, Jacobs, Moran, Shaw, and Mayor
Wolfe
NOES: None
ATTEST:
Mayor
Deputy City Clerk
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING A MEMBER OF THE FINANCE COMMISSION
WHEREAS, Kathleen Hahn has resigned from the Finance Commission,
interviews have been conducted, and it is now appropriate to fill
this vacancy.
NOW, THEREFORE, BE IT RESOLVED, THAT THE following appointment to
the Finance Commission is made for a term ending October 1999:
Charles Swan
The above and foregoing resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on the 4th day
of February, 1998, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
Deputy City Clerk
CONCERNING RANDOM ACTS OF KINDNESS DAY
WHEREAS, the combined good deeds of Saratoga's citizens make
Saratoga a most desirable place to live, and
WHEREAS, everyone, public officials and residents alike, is part
of the fabric of this community, and
WHEREAS, each act of compassion or service represents an example
of the best qualities of our city.
NOW, THEREFORE, THE CITY COUNCIL OF SARATOGA, hereby proclaims
Friday, February 13, 1998, as
RANDOM ACTS OF KINDNESS DAY.
The City Council calls upon all residents, government agencies,
public and private institutions, businesses and schools to be more
aware of others and promote extra acts of kindness on this day.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th
day of February, 1998.
Mayor
CONCERNING SCIENCE AND ENGINEERING FAIR WEEK
WHEREAS, a group of dedicated citizens and educators will be
producing an exciting Science and Engineering Fair the 24th and
25th of March, 1998, and
WHEREAS, this Science and Engineering Fair will be held for the
benefit of our young people, their parents and teachers, in order
to stimulate interest in the various aspects of the sciences, and
WHEREAS, this event will direct public attention toward the field
of science by setting aside a time for creative participation on
the part of all interested students.
NOW, THEREFORE, I, MAYOR OF THE CITY OF SARATOGA, do hereby
proclaim the week of March 22 through 28, 1998, as
SCIENCE FAIR WEEK
within our City and hereby urge all residents, particularly young
people, to take part in the observation of this event through their
active participation.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th
day of February, 1998.
Mayor
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: FEBRUARY 4, 1998 CITY MANAGER: d 4iia
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 getting into the relative merits or effectiveness of alternative termite treatment methods, I
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 regulations 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.
J
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.
ti
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Cheriel Jensen
13737 uito Road, sarat.oga, California 95070
408 379 -0463
January 21, 1998
City of Saratoga City Council
13777 Fruitvale Avenue
Saratoga, California 95070
Saratoga News
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..
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.
J
The State of California tested various termite methods two years ago and found that the
1 r. t.. FF
cicc+L,o gun, microwave t eat ment and heat treatment arc as c��cc as fumigation
ehcrlicals.
:'hen I saw thc. tenting beginning, I called the company, told them of my disability, and
requested they not treat with chemicals but use one of the othcr 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
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
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
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CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday, January 28,1998 7:30 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Roll Call Present: Chair Patrick, Commissioners Bernald, Martlage, Pierce
Absent: Commissioners Kaplan, Murakami, Siegfried
Staff: City Attorney Faubion, Bradley, Crowley
Pledge of Allegiance
Minutes January 14, 1998
Oral Communications
Report of Posting Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January
23, 1998.
Technical Corrections to Packet
CONSENT CALENDAR
PUBLIC HEARINGS
1. UP -97 -010 (APN 389 -19 -031) NEXTEL COMMUNICATIONS/TURKUS,
Southwest Corner of Sousa Lane and Quito Road; Request for Use Permit approval to
construct 70 foot tall monopole personal communications services antennae which would
replace an existing PG E pole on the lot at the southwest corner of Sousa Lane and Quito
Road adjacent to Highway 85. (CONTINUED FROM 12/10/97). DENIED 4/0.
2. DR -97 -012 (APN 397 -42 -018) PINN BROTHERS CONSTRUCTION INC., 14168
Taos Court; Request for Design Review approval to construct a 5,998 sq. ft. one -story
home at 20 feet in height. The lot is 59,289 gross sq. ft. and is located in an R -1- 40,000
zoning district. (CONTINUED FROM 1/14/98). CONTINUED 4/0 AT APPLICANT'S
REQUEST TO 2/11/98 TO PRESENT REVISED PLANS.
3. DR -97 -028 (503 -16 -090) BLACKWELL BROTHERS DEVELOPMENT CO., 18850
Bella Vina; Request for Design Review approval to construct a new 4,997 sq. ft. two -story
residence on a newly created parcel, lot 3 of the Bella Vina Subdivision. The site is 75,217
sq. ft. (33,081 sq. ft. net) located within the R -1- 40,000 zoning district. CONTINUED 4/0
AT APPLICANT'S REQUEST TO 2/11/98 STUDY SESSION.
Planning Commission Action Minutes
January 28, 1998
Page 2
4. V -97 -013 (APN 503- 55 -22) WILD, 14634 Ambric Knolls Road; Request for Variance
approval to permit an existing carport (built by a previous owner without permits) that is
13 feet from the side property line where a 20 -foot setback is required. Separate from the
Variance request, the applicant will also apply for building permits to legalize an existing
94 sq. ft. addition to their one -story home and a 700 sq. ft. detached garage, 10.5 feet in
height. The property is 1.06 acres and is in the R -1- 40,000 zoning district. APPROVED
4/0.
5. UP -93 -005.1 V -93 -016.1 (APN 386 -46 -005) VALLANCEY, 12580 Paseo Cerro;
Request for clarification of UP -93 -005 and V -93 -016 so as to expressly permit use of
converted carport as guest house/habitable space. APPROVED 4/0 WITH
ADDITIONAL OPTION IN LIEU OF TIME CONSTRAINT.
6. DR -97 -054 UP -97 -014 (366 -29 -009 366 -29 -007) PENINSULA RECREATION,
INC.; 21990 Prospect Road; Request for Design Review and Use Permit approval to
construct an addition to the existing clubhouse (including an elevator and remodeled
exterior), a new pro shop which will be approximately 1;100 sq. ft., a new observation deck
between the tennis courts, and 30 new parking spaces. The site is approximately 34.4 acres,
located within the Hillside Residential zoning district. UP -97 -014 AND DR -97 -054
APPROVED 4/0.
DIRECTOR ITEMS
1. Rescheduling Retreat
2. Recruitment for Assistant Planner
COMMISSION ITEMS
1. Appointment of New Bicycle Advisory Committee Member
2. Planners Institute Conference
COMMUNICATIONS
Written
City Council Minutes dated January 7, January 13 and January 15, 1998
Notices for Planning Commission Meeting of February 11, 1998
ADJOURNMENT 10:55 p.m. to Wednesday, February 11, 1998, Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
MINUTES
SARATOGA PARKS AND RECREATION COMMISSION
DATE /TIME: Monday, January 5, 1998, 7 :30 p.m.
LOCATION: EOC Conference Room, City Hall
13777 Fruitvale Avenue, Saratoga, California
TYPE: Regular Meeting
I. ORGANIZATION
A) ROLL CALL Present: Clabeaux, Crotty, Ioannou, Swan,
Whitney
Staff: Reeve, Pisani, Jacobs
Guests: Frank Friedrich
B) REPORTING OF POSTING OF AGENDA
Staff Paula Reeve reported that pursuant to Government
Code 54954.2 the agenda for this meeting was posted on
the City Hall Kiosk on December 31, 1997.
C) APPROVAL OF MINUTES
The minutes of the November 3, 1997, regular meeting were
approved as submitted.
Swan /Crotty 5/0
II. ADMINISTRATION
A) STATUS OF COMMISSIONER RECRUITMENTS
Frank Friedrich, who has applied for the vacant
Commissioner position, introduced himself to the group.
Mr. Friedrich explained that he would like to join the
Commission due to his concern for the condition of
Saratoga parks, and his interest in becoming more
involved in City politics.
B) OTHER ITEMS
The Commission agreed to hold a special meeting on
Monday, January 26 to prepare for the March 10 joint
meeting with the City Council.
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Page 2 January 5, 1998 Minutes
III. OLD BUSINESS
A) PARKS AND RECREATION DEVELOPMENT FUND PROJECTS
Staff Paula Reeve gave an overview of the progress on the
Heritage Orchard project. She explained that the
existing well in the orchard had been capped and staff
was looking into having a new well dug. The Navockovich
brothers are being paid for their contracted maintenance
and tree replacement expenses for the orchard.
The Community Development Block Grant (CDBG) funds have
been identified as an alternate source to pay for
rehabilitating the Senior wing of the Community Center,
rather than using Parks and Recreation Development Fund
monies. Since the rehabilitation project benefits low
income seniors, the County has given its approval for FY
1998/99 funds to be used for this purpose. Ms. Reeve
recently conducted a walk- through of the building with
County CDBG Rehab Specialist: Bob Rathbun and SASCC
Executive Director Olga MacFarlane to identify necessary
and desired improvements. Mr. Rathbun submitted a cost
estimate for these improvements which SASCC will include
as part, of its application request to the City during the
upcoming 1998/99 CDBG grant cycle.
The Commission reached a consensus that Chair Whitney
should write a letter to Mr. Perlin to inquire if and
when he intends to hire a project manager for the Parks
and Recreation Development Fund projects. A list of
recommended consultants will be submitted with the
letter.
IV. NEW BUSINESS
A) KEVIN SKELLY'S AQUATIC CENTER PROPOSAL
A lengthy discussion took place regarding the benefits
and disadvantages of granting Principal Kevin Skelly's
December 4, 1997, request for $200,000 from the Parks and
Recreation Development Fund to support a community
aquatic center at Saratoga High School.
A motion was passed not to fund the request for the
following reasons:
1) The potential impact the aquatic center may have on
City resources is unknown.
2) The Commission is already obligated to the public
to proceed with the ,agreed upon Parks and
Recreation Development Fund project priority list
1
"a
Page 3 January 5, 1998 Minutes
New Business Continued
approved by Council in July 1997, at which time
Council simultaneously tabled the pool project.
3) Completion of the projects may require the entire
Fund, as the total cost of this endeavor is
presently unknown.
4) Although the Parks and Development Fund contains
the $200,000 mentioned in Mr. Skelly's letter, the
Commission is unwilling to commit to funding other
projects until the agreed upon priority list items
have been completed, particularly the park and
playfield improvements. The Commission would be
happy to consider additional project proposals once
this goal has been met.
Olsen /Swan/ 5/0
Chair Kay Whitney will notify the City Council of
the Commission's recommendation on this matter.
B) IMPROVEMENTS TO CONGRESS SPRINGS PARK (Joan Pisani)
Staff Joan Pisani reported that Mr. Perlin has asked her
to re- negotiate a contract with AYSO for the use of
Congress Springs Park. A per head fee based on the
number of registrants is being considered, rather than a
flat fee per year. If the fees are increased for AYSO,
the Commission agreed to make additional requested
improvements to the Park using the Parks and Recreation
Development Fund.
The Commission voted to give Ms. Pisani its endorsement
to negotiate with user groups and to report back on
improvement requests for Congress Springs Park from the
Saratoga Little League.
Swan /Ioannou 5/0
C) PLANNING DEPARTMENT TRAIL EASEMENT REVIEW REQUEST
The Commission deliberated on the Planning Department's
request for its comment on a proposed trail easement in
the Mt. Eden area, and whether the subdivider should be
required to make the trail improvements.
A motion was passed to request a multi -use trail easement
on the proposed subdivision of the Ruth Peck Langwill
property, and that the trail should be fully improved by
the developer. Planning Department staff will be
directed to work with the County to situate the trail in
a location which is beneficial and safe for multiple user
groups. Swan /Crotty 5/0
Page 4 January 5, 1998 Minutes
V. COMMISSIONER AND STAFF REPORTS
A) Commissioner Reports
Commissioner Crotty suggested scheduling a dinner on
either January 26 or February 2 to thank Cathy Weiner for
her service to the Commission. Commissioner Crotty has
a copy of the minutes form the Saratoga Union School
District meeting for anyone who is interested.
Chair Whitney thanked everyone who assisted with making
the holiday party a success.
B) City Hall Update Paula Reeve
Staff Paula Reeve reported that, as everyone is aware,
Larry Perlin was recently hired as Saratoga's new City
Manager. In an effort to align staff Commission
assignments with the responsibilities of each Department,
Mr. Perlin has assigned Irene Jacobs from Community
Environment to staff the Parks and Recreation Commission.
For the present time, Ms. Reeve will continue her program
assignments in the Office of the City Manager.
C) Recreation Department Status Report Joan Pisani
Staff Joan Pisani reported that revenue is on track for
the first six months of the fiscal year. Volunteers
coach the 260 children who are currently enrolled in 40
youth basketball teams. The holiday camp was very
successful, as was the youth theater production of Tom
Sawyer which was held on the Community Center stage. The
Recreation Department reaped the benefit from the ticket
sales, and volunteers assisted with auditions, directing
and choreographing for this presentation. Approximately
60 teens per day are attending the Warner Hutton House
after school program. The Friends of the Warner Hutton
House are looking into grants for the teen program.
Ms. Pisani submitted a report to Council outlining the
history of recent Recreation Department program cuts. A
meeting will be held with the Finance Commission Task
Force to further discuss the impact of indirect costs on
Recreation Department Programs.
A loss of revenue occurred when the lighting project for
the theater did not occur as planned during a four week
interval.
D) Park Maintenance Division Update David Mooney
A written memo from David Mooney was presented to the
group for review and discussion. The memo outlined
current and upcoming projects that the Parks Maintenance
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Page 5 January 5, 1998 Minutes
Park Maintenance Division Update Continued
Division is working on. Although Mr. Mooney is unable to
attend the evening meetings, the Commission directed
staff to ask Mr. Mooney to continue providing the
informative, monthly Park Division updates.
The Meeting was adjourned at 9:20 p.m. Swan /Ioannou
Submitted by_.:
Paula Reeve
Staff to the Parks and Recreation Commission
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REPEALING SECTION 6- 15.020 OF THE
SARATOGA MUNICIPAL CODE AND ADDING
ARTICLE 6 -20 TO THE SARATOGA MUNICIPAL CODE
RELATING TO CURFEW REGULATIONS
The City Council of the City of Saratoga does hereby ordain:
Section 1 Section 6- 15.020 of the Saratoga Municipal Code is hereby
repealed.
Sec tion Article 6 -20 is hereby added to the Saratoga Municipal Code to
read as follows:
"Article 6 -20
Curfew Regulations and Offenses Affecting Minors
Section 6- 20.010 Purpose.
The City Council finds that a juvenile curfew ordinance is necessary and
desirable because the protection of minors warrants a higher degree of governmental
regulation. This higher degree of regulation is premised upon the peculiar
vulnerability of children. The City recognizes a compelling interest in preserving the
safety of the community generally and providing a higher degree of protection for its
minors specifically during nighttime hours.
Section 6- 20.020 Definitions.
The following definitions shall govern the application and interpretation
of the curfew regulations set forth in this Article.
a. Curfew hours means: (1) the period from 10:00 P M on an
Y
Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. the following
morning; and (2) The period from 12:01 A.M. until 6:00 A.M., on any Saturday or
Sunday.
A
b. Emergency means unforeseen circumstances or a situation that
calls for immediate action. The term includes, but is not limited to, an automobile
accident, fire or explosion, natural disaster or any situation requiring immediate
action to prevent serious bodily injury or loss of life.
C. Establishment means any privately -owned place of business
operated for profit to which the public is invited including, but not limited to, any
place of amusement or entertainment.
d. Guardian means (a) a person who, under court order, is the
guardian of the person of a minor; or (b) a public private agency with whom a
minor has been placed by a court.
e. Minor means any person under eighteen (18) years of age.
f. Operator means any individual, firm, association, partnership or
corporation operating, managing or conducting any establishment.
g. Parent means a person who is a natural parent, adoptive parent or
adult step parent of a minor.
h. Responsible adult mans a person at least eighteen (18) years of
age and authorized by a parent or guardian to have the care and custody of a minor.
i. Public place means any place the public or a substantial group of
the public has access and includes, but is not limited to, streets, highways, sidewalks,
alleys, parks, playgrounds, or other public grounds, and the out -of -doors common
areas of establishments, hospitals, apartment houses, office buildings and schools,
including but not limited to entry ways and parking lots.
j. Remain means (a) linger, stay or be present whether on foot or in
a vehicle; or (b) fail to leave the premises when requested to do so by a peace officer,
the owner, operator or other person in control of the premises.
k. Errand means a trip to carry a message or do a definite thing that
requires a movement from place to place.
Section 6 -2.030 Violation of Curfew.
It shall be unlawful for:
2
S
(a) any minor to be or remain in or upon any public street, highway,
park, vacant lot or other public place during curfew hours; or
(b) any owner, operator or employee in charge of an establishment to
knowingly permit a minor to remain in or upon the premises of an establishment
during curfew hours; or
(c) any parent or guardian of a minor to knowingly permit, or by
insufficient control allow, the minor to remain in any public place or on the premises
of any establishment within the city during curfew hours.
Section 6 -2.040 Exceptions to Curfew Regulations.
(a) The provisions of Section 6- 20.030 shall not apply when:
(1) The minor is accompanied by his or her parent or parents,
legal guardian, or responsible adult approved by the minor's parent or legal guardian;
(2) The minor is engaged in an errand directed by his or her
parents, legal guardian, or other person having the legal care or custody of the minor,
without detour or delay;
(3) The minor is going directly between his or her home and
place of employment without detour or delay. This exception shall also apply if the
minor is in a public place during curfew hours in the course of his or her
employment, provided the minor carries a written statement from the employer
attesting to the place and hours of employment.
(4) This minor is attending an official school, religious or other
adult supervised recreational activity sponsored by the city, a civic organization or
other similar entity that takes responsibility for the safety of the minor, or going to or
returning home from such an activity, without detour or delay. This exception will
apply for one -half hour after the completion of the event.
(5) The minor is responding to or acting pursuant to an
emergency.
(6) The minor is in a motor vehicle involved in interstate
travel, or other travel not in violation of this Article.
3
C�
(7) The minor is on the sidewalk abutting the minor's
residence, providing the minor is not otherwise violating the law.
(8) The minor is married or has been emancipated in
accordance with the California Family Code or other applicable law.
(9) The minor is exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion, freedom of
speech and the right of peaceful assembly.
(b) It is a defense to prosecution under Section 6- 20.030(b) above,
that the owner, operator or employee in charge of an establishment promptly notified
the sheriffs department that a minor was present on the premises of the
establishment during curfew hour and refused to leave.
Section 6- 20.050 Temporary Detainment.
(a) A sheriffs deputy, upon reasonable cause based on articulable
facts that a minor is in violation of the curfew regulations, shall detain the minor and
investigate to determine if the minor has a legitimate reason based on extenuating
circumstances for being in apparent violation of the curfew regulations.
(b) If the detaining sheriffs deputy has reasonable cause to believe
that a minor is in violation of the curfew regulations, and is not in violation of any
other law, the deputy shall release the minor to his or her parent or legal guardian
either at the scene of the detention, at the minor's permanent or temporary home, at
the sheriffs substation, or elsewhere at the direction of the parent or legal guardian,
as is reasonably attainable.
Section 6- 20.060 Procedure After Temporary Detainment.
Upon the first violation of the curfew regulations, the sheriffs deputy
shall issue to the minor a warning citation regarding the consequences of a second
violation as described in Section 6- 20.070. The sheriff shall mail to the parents or
legal guardian of the minor a copy of the citation and notification that upon a second
violation the parents or legal guardian may be held liable for actual administrative
and transportation costs. This notice shall require the parents or legal guardian to
sign and return the notification and include space for the explanation of any
circumstances relevant to an applicable exemption for the fee set forth in Section 6-
20.070.
0
�S
Section 6- 20.070 Curfew Violation Fees.
(a) Fees for the actual costs of detention, transportation and
administrative services for the return of the minor to his or her place of residence, or
to the custody of his or her parents or legal guardian, may be charged jointly or
severally to the minor, his or her parents, or legal guardian, in an amount not to
exceed those actual costs.
(b) Upon petition of the person required to pay the fee, the sheriff
shall conduct a hearing as to the validity of the fees charged, and may waive payment
of the fee upon a finding of good cause under the following circumstances:
1. Upon a determination that the responsible person has
made reasonable efforts to exercise supervision and control over the minor;
2. Upon proof that neither the minor nor his or her parents
or legal guardian has the financial ability to pay the fee;
3. Upon a determination that performance of community
service should be required in lieu of imposition of the fee;
4. Upon a determination that the parent or legal guardian has
limited physical or legal custody and control of the minor.
(c) Fees imposed pursuant to this Section shall be deemed a civil
debt owing to the City as set forth in Section 3- 10.010 of this Code.
(d) The imposition of any fees pursuant to this Section shall be in
addition to any other rights, remedies or actions available to the City by reason of
the same violation, including the imposition of penalties as set forth in Section 6-
20.080.
Section 6- 20.080 Violation Penalties.
A violation of any of the provisions set forth in Sections 6- 20.030
through 6- 20.070 constitute infractions punishable as prescribed in Section 3- 05.010
of this Code."
Section 3 This Ordinance shall be in full force and effect thirty (30) days
after its passage and adoption.
5
e.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
of the City Council of Saratoga held on the day of 1997 by the
following vote.
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
City Clerk
MSR:dsp
December 11, 1997
F: \WPD\MNRS W\273 \ORD.97\CURFEW.ORD
2
v
CHECK REGISTER CERTIFICATION
PAYROLL CHECKS: B23185- B23220
TOTAL
i
Prepared by e. jL Date:
Approved by:
Date:
84,068.58
$161,700.29
.UANICE \CERTIFY
29- Jan -9P
Fund
Amount
Amount
Void
Manual
$5,254.33 $33,402.38
F und
Name
1
1 1/29/98
1 Checks
Checks
Total
PAYROLL CHECKS: B23185- B23220
TOTAL
i
Prepared by e. jL Date:
Approved by:
Date:
84,068.58
$161,700.29
.UANICE \CERTIFY
29- Jan -9P
ACCOUNTS PAYABLE CHECKS: A73888- A73980
1
GENERAL
$28,148.05
$5,254.33 $33,402.38
100
COPS -SLESF
$0.00
110
Traffic Safety
$0.00
150
Streets Roads
4,247.98
$4,247.98
160
Transit Dev
$0.00
170
Hillside Repair
$0.00
180
LLA Districts
3,555.83
$3,555.83
250
Dev Services
3,087.20
$3,087.20
260
Environmental
$0.00
270
Housing &Comm
7,827.00
$7,827.00
290
Recreation
3,155.00
$3,155.00
292
Facility Ops
550.00
$550.00
293
Quarry Creek
$0.00
300
State Park
$0.00
310
Park Devlpmnt
20,145.00
$20,145.00
400
Library Debt
$0.00
410
Civic Cntr COP
$0.00
420
Leonard Rd
1,430.38
$1,430.38
700
Quarry Creek
$0.00
710
Heritage Prsvn
$0.00
720
Cable TV
$0.00
730
PD #2
76.98
$76.98
740
PD #3
153.96
$153.96
800
Deposit Agency
$0.00
810
Deferred Comp
$0.00
830
Payroll Agency
$0.00
990
SPFA
$0.00
Subtotal
$72,377.38
$5,254.33 $77,631.71
PAYROLL CHECKS: B23185- B23220
TOTAL
i
Prepared by e. jL Date:
Approved by:
Date:
84,068.58
$161,700.29
.UANICE \CERTIFY
29- Jan -9P
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND
YEAR
PAGE
1
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK
CHECK
CHECK
DATE
NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO
PER /YEAR
TRN AMOUNT
01/29/1998
73890
AAA RESTAURANT
7
152.06
1- 1060 513.40
-15
01/28/1998
SEMI ANNUAL SERVICE FOR
48671
17982
07/1998
152.06
01/29/1998
73891
ALLIED LOCK KEY
19
150.47
1- 1060 513.40
-14
01/28/1998
REPAIR DAY CARE CENTER
55164
17984
07/1998
150.47
01/29/1998
73892
AMA /PADGETT- THOMPSON
1036
139.00
1- 1045 513.40
-01
01/27/1998
SEMINAR REGISTRATION
07/1998
139.00
01/29/1998
73893
AT &T
1180
.80
1- 1050 513.40
-20
01/22/1998
BALANCE TO -0-
P20415030341404
07/1998
.80
01/29/1998
73894
BALAKRISHNAN, MOHINI
1210
44.00
290- 6005 445.04
-00
01/27/1998
CLASS REFUND
553
07/1998
44.00
01/29/1998
73895
BARRIER, LISA
1198
74.00
290 6005- 445.04
-00
01/23/1998
CLASS REFUND
642
07/1998
74.00
01/29/1998
73696
BERLOGAR GEOTECHNICAL
CONSULTA 860
107.10
1- 1025 511.40
-12
01/27/1998
GEOTECH. SERVICES FOR
187652
07/1998
107.10
01/29/1998
73897
BOSE, JOAN
1194
29.00
290 6005- 445.04
-00
01/23/1998
CLASS REFUND
385
07/1998
29.00
01/29/1998
73898
CAMPBELL RUBBER STAMP
COMPANY 1186
24.00
250- 4015 542.30
-01
01/22/1998
STAMP PAD, BAND CHANGE
095879
07/1998
24.00
01/29/1998
73899
CHEN, SHIH LIN
1185
207.00
290 6005- 445.04
-00
01/22/1998
CLASS REFUND -GYM STARS
1711 -18
07/1998
79.00
290 6005- 445.04
-00
01/22/1998
CLASS REFUND -T -BALL
3834 -18
07/1998
49.00
290- 6005 445.04
-00
01/22/1998
CLASS REFUND -GYM STARS
1711 -18A
07/1998
79.00
01/29/1998
73900
CHIN, JOHNATHAN
1128
108.00
290 6005 564.40
-10
01/28/1996
REFEREE FEES
07/1998
108.00
01/29/1998
73901
CLEGG, FREDERICK J.
1224
54.00
290 6005 564.40
-10
01/28/1998
REFEREE FEES
07/1998
54.00
01/29/1998
73902
DIDENTI, DAVID
123
120.00
290 6005- 564.40
-10
01/28/1998
REFEREE FEES
07/1998
120.00
01/29/1998
73903
DROZDIAK, JIM
977
107.00
290- 6005- 445.04
-00
01/23/1998
CLASS REFUND
640
07/1998
58.00
290 6005- 445.04
-00
01/23/1998
CLASS REFUND
372
07/1998
49.00
01/29/1998
73904
ELECTRICAL DISTRIBUTORS
144
102.21
1- 1060 513.30
-02
01/22/1998
REPLACEMENT OF BULBS
828836
17986
07/1998
102.21
01/29/1998
73905
ELLIS, NICHOL
1215
40.00
290 6005 564.10
-03
01/28/1998
SCOREKEEPER FEES
07/1998
40.00
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND YEAR
PAGE 2
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO PER /YEAR
TRN AMOUNT
01/29/1998 73906
ELLIS, NICHOL
1215
40.00
290- 6005 564.10 -03
01/28/1998
INSTRUCTOR FEES
07/1998
40.00
01/29/1998 73907
EVANS WEST VALLEY SPRAY
150
75.00
1- 3030 532.40 -15
01/28/1998
SPRAY FOR ANTS
27164
07/1998
75.00
01/29/1998 73908
FANALI, ERIC
1212
300.00
292 6005- 462.03 -01
01/27/1998
DEPOSIT REFUND
42030
07/1998
300.00
01/29/1998 73909
FUNG, TERESA
1206
162.00
290- 6005- 445.02 -00
01/23/1998
CLASS REFUND
859
07/1998
162.00
01/29/1998 73910
G. N. RENN, INC.
162
934.57
1- 1035 512.30 -20
01/27/1998
GASOLINE AND RELATED PROD
233420
17974 07/1998
934.57
01/29/1998 73911
GALDES, LAURIE
1196
99.00
290- 6005- 445.04 -00
01/23/1998
CLASS REFUND
344
07/1998
99.00
01/29/1998 73912
GITTENS, WILLIAM
1223
60.00
290 6005 564.40 -10
01/28/1998
REFEREE FEES
07/1998
60.00
01/29/1998 73913
GRANADINO, MAXINE
1229
26.00
290- 6005- 445.04 -00
01/28/1998
CLASS REFUND
153
07/1998
26.00
01/29/1998 73914
GREEN, NATHANIEL
1216
50.00
290 6005 564.40 -10
01/28/1998
REFEREE FEES
07/1998
50.00
01/29/1998 73915
HAO, ROUSING
1188
84.00
290 6005- 445.01 -00
01/22/1998
CLASS REFUND
5004 -18
07/1998
84.00
01/29/1998 73916
HILBERT, MIKE
1218
75.00
290- 6005 564.40 -10
01/28/1998
SCOREKEEPER FEES
07/1998
75.00
01/29/1998 73917
HOFFMAN, ELDON R.
1190
1,125.00
250- 4010 444.01 -00
01/22/1998
REFUND -APPL FEE ABANDONED
36637
07/1998
1,125.00
01/29/1998 73918
HOMEN, JUDY
1195
74.00
290 6005- 445.04 -00
01/23/1998
CLASS REFUND
171
07/1998
74.00
01/29/1998 73919
HSU, KATHY
1204
19.00
290- 6005- 445.02 -00
01/23/1998
CLASS REFUND
319
07/1998
19.00
01/29/1998 73920
I LOVE TREES
1182
100.00
1- 1040 413.05 -00
01/22/1998
OVERPAYMENT BUS. LICENSE
07/1998
100.00
01/29/1998 73921
ICMA RETIREMENT TRUST
201
4,020.20
1- 0000 210.20 -01
01/28/1998
DEFERRED COMPENSATION
1/29/98
07/1998
4,020.20
01/29/1998 73922
JENKINS, TRACY
211
72.00
290- 6005 564.40 -10
01/28/1998
REFEREE FEES
07/1998
72.00
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND
YEAR
PAGE 3
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO PER /YEAR
TRN AMOUNT
01/29/1998 73923
JOSHI, BHARATI
220
15.00
290- 6005 564.40 -10
01/27/1998
INSTRUCTOR FEES
07/1998
15.00
01/29/1998 73924
KLEIMAN, ANN
1197
24.00
290 6005- 445.04 -00
01/23/1998
CLASS REFUND
602
07/1998
24.00
01/29/1998 73925
L.A. TEL S.F. BAY AREA
237
196.29
1- 1050 513.40 -20
01/22/1998
PHONE SYSTEM REPAIRS
2469
07/1998
131.29
1- 1050 513.40 -20
01/22/1998
PHONE SYSTEM REPAIRS
2470
07/1998
65.00
01/29/1998 73926
LAM, SHARON
1203
19.00
290- 6005- 445.02 -00
01/23/1998
CLASS REFUND
330
07/1998
19.00
01/29/1998 73927
LARKIN, JEROME
1193
29.00
290 6005- 445.04 -00
01/23/1998
CLASS REFUND
329
07/1998
29.00
01/29/1998 73928
LEE, SOO JIN
1202
38.00
290 6005- 445.02 -00
01/23/1998
CLASS REFUND
434
07/1998
19.00
290- 6005- 445.04 -00
01/28/1998
CLASS REFUND
434
07/1998
19.00
01/29/1998 73929
LEUNG, ROMANA
1184
89.00
290- 6005 445.04 -00
01/22/1998
CLASS REFUND
1713 -18
07/1998
89.00
01/29/1998 73930
LEUNG, CHARMAINE
1192
29
290- 6005- 445.04 -00
01/23/1998
CLASS REFUND
744
07/1998
29.00
01/29/1998 73931
LIEBERT, CASSIDY FRIERSON 772
737.50
1- 1045 513.40 -10
01/27/1998
LABOR RELATIONS
1 -14 -98
07/1998
737.50
01/29/1998 73932
LONG BEACH HOUSING BUREAU
1181
262.88
1- 1045 513.40 -01
01/22/1998
HOTEL ACCOMMODATIONS
18409 07/1998
262.88
01/29/1998 73933
LUND PEARSON MCLAUGHLIN
1053
402.86
1- 1060 513.40 -15
01/22/1998
FIRE PROTECT. PERFORMANCE
51471
07/1998
402.86
01/29/1998 73934
MARCO ROOFING
1183
75.00
1- 1040 413.05 -00
01/22/1998
OVERPAYMENT BUS. LICENSE
07/1998
75.00
01/29/1998 73935
MCWHORTER'S
268
28.31
1- 1020 511.30 -01
01/22/1998
OFFICE SUPPLIES
2134436462
07/1998
12.75
1- 1020 511.30 -01
01/22/1998
OFFICE SUPPLIES
0234614857
07/1998
15.56
01/29/1998 73936
MELEHAN, JAMES PATRICIA
1187
1,550.00
250- 4010 444.01 -00
01/22/1998
REFUND OF PLANNING FEES
42329
07/1998
1,650.00
250- 4010 444.01 -00
01/22/1998
LESS STAFF TIME (2HRS)
42329 -A
07/1998
100.00
01/29/1998 73937
METTE, ROBERT
1211
44.00
290- 6005- 445.04 -00
01/27/1998
CLASS REFUND
578
07/1998
44.00
01/29/1998 73938
MEYER, GREG
273
48.00
290 6005- 564.40 -10
01/27/1998
INSTRUCTOR FEES
07/1998
48.00
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND YEAR
PAGE
4
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO
PER/YEAR
TRN AMOUNT
01/29/1998 73939
MUNICIPAL RESOURCE CONS.
283
2,476.00
1-1040-513.40-10
01/22/1998
SALES TAX AUDIT SERVICES
1-7-98
07/1998
1,976.00
1-1040-513.40-10
01/22/1998
SALES TAX AUDIT
07/1998
500.00
01/29/1998 73940
MURRAY, RANDALL
1201
69.00
290-6005-445.02-00
01/23/1998
CLASS REFUND
418
07/1998
69.00
01/29/1998 73941
NALESNIK, CATHERINE
1107
138.00
290-6005-445.04-00
01/27/1998
CLASS REFUND
262
07/1998
138.00
01/29/1998 73942
NATIONAL PLAN COORDINATOR
292
246.25
1-0000-210.20-01
01/28/1998
DEFERRED COMPENSATION
1/29/98
07/1998
246.25
01/29/1998 73943
NBS-GOVERNMENT FINANCE GROUP 600
1,000.05
730-8005-733.70-03
01/22/1998
ADM SERVICE FEES
01019817
07/1998
76.98
740-8010-733.70-03
01/22/1998
ADM SERVICE FEES
01019817-A
07/1998
153.96
420-8020-733.70-03
01/22/1998
ADM SERVICE FEES
01019817-B
07/1998
153.96
1-1040-513.40-10
01/22/1998
ADM SERVICE FEES
01029801CL
07/1998
615.15
01/29/1998 73944
NORMAN PAUL PRINT CENTER
.294
154.97
1-1050-513.40-41
01/28/1998
NEW BUSINESS CARDS
980096
07/1998
154.97
01/29/1998 73945
OREGLIA, CRAIG RACHEL
1208
1,276.42
420-1040-453.01-00
01/27/1998
REFUND OF OVERPAYMENT
01-23-98
07/1998
1,276.42
01/29/199B 73946
PACIFIC GAS ELECTRIC
307
9,190.93
150-3005-532.40-23
01/29/1998
STREET MAINTENANCE
KVJSB00041-4
07/1998
534.59
150-3015-532.40-23
01/29/1998
TRAFFIC SIGNALS
KVJSB00041-4
07/1998
1,559.34
150-3025-532.40-23
01/29/1998
IRRIGATION
KVJSB00041-4
07/1998
15.93
1-3030-532.40-23
01/29/1998
PARKS
KVJSB00041-4
07/1998
376.76
180-3040-532.40-23
01/29/1998
ZONE10
KVJSB00041-4
07/1998
8.10
180-3040-532.40-23
01/29/1998
ZONE 14
KVJSB00041-4
07/1998
8.10
180-3040-532.40-23
01/29/1998
ZONE 9
KVJSB00041-4
07/1998
16.20
180-3040-532.40-23
01/29/1998
ZONE 4
KVJSB00041-4
07/1998
834.10
180-3040-532.40-23
01/29/1998
ZONE 7
KVJSB00041-4
07/1998
482.51
180-3040-532.40-23
01/29/1998
ZONE 5
KVJSB00041-4
07/1998
164.21
180-3040-532.40-23
01/29/1998
ZONE 6
KVJSB00041-4
07/1998
199.91
180-3040-532.40-23
01/29/1998
ZONE 24
KVJSB00041-4
07/1998
1,509.34
180-3040-532.40-23
01/29/1998
ZONE 16
KVJSB00041-4
07/1998
18.82
180-3040-532.40-23
01/29/1998
ZONE 22
KVJSB00041-4
07/1998
7.14
1-1060-513.40-23
01/29/1998
FACILITIES
KVJSB00041-4
07/1998
3,185.64
1-1060-513.40-23
01/29/1998
NATURAL GAS STATION
KVJSB00041-4
07/1998
310.50
1-1060-513.40-23
01/29/1998
NATURAL GAS STATION-CR
KVJSB00041-4
07/1998
40.26-
01/29/1998 73947
PROFESSIONAL FLEET SERV.
327
551.99
1-1035-512.40-14
01/28/1998
REPAIR FLEET TIRES
61073
17972
07/1998
150.23
1-1035-512.40-14
01/28/1998
REPAIR FLEET TIRES
61074
17972
07/1998
301.89
1-1035-512.40-15
01/28/1998
MAINTAIN FLEET TIRES
61168
17972
07/1998
99.87
01/29/1998 73948
PROLO, LAURA
1220
48.00
290-6005-564.40-10
01/28/1998
REFEREE FEES
07/1998
48.00
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND YEAR
PAGE 5
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO
PER /YEAR
TRN AMOUNT
01/29/1998 73949
PUB EMP RETIREMENT SYSTEM
593
11.08
1- 0000 210.20 -01
01/28/1998
LONG TERM CARE
379888
07/1998
11.08
01/29/1998 73950
QYANG, YENING
1191
276.00
290 6005- 445.02 -00
01/23/1998
CLASS REFUND
275
07/1998
276.00
01/29/1998 73951
RAGHIAN, MINI
1205
76.00
290 6005- 445.02 -00
01/23/1998
CLASS REFUND
750
07/1998
76.00
01/29/1998 73952
RAPUNZEL SALON
1221
222.55
250- 4015- 422.01 -00
01/28/1998
REFUND 80% FEES
97 -1911
07/1998
188.20
1- 1040 413.05 -00
01/28/1998
REFUND 80% FEES
97 -1911
07/1998
34.35
01/29/1998 73953
REED, CHRIS
1217
96.00
290- 6005 564.40 -10
01/28/1998
SCOREKEEPER /GYM ASSIST.
07/1998
96.00
01/29/1998 73954
RIES, KATHY
1228
19.00
290- 6005- 445.04 -00
01/28/1998
CLASS REFUND
459
07/1998
19.00
01/29/1998 73955
RODRIGUES, FIONA
1213
100.00
292- 6005- 462.03 -01
01/27/1998
DEPOSIT REFUND
42034
07/1998
100.00
01/29/1998 73956
RODRIGUEZ, MARIA
861
7,827.00
270 7015 572.60 -02
01/29/1998
DISABLED ACCESS GRANT
319
18316
07/1998
7,827.00
01/29/1998 73957
RUBALCAVA, PAT
1219
252.00
290 6005 564.40 -10
01/28/1998
GYM SUPERVISOR FEES
07/1998
252.00
01/29/1998 73958
SAN JOSE WATER COMPANY
346
2,194.36
150- 3025 532.40 -22
01/27/1998
MEDIANS /PARKWAYS
11/3 -1/6
07/1998
933.78
1- 3030 532.40 -22
01/27/1998
PARKS OPEN SPACE
11/3 -1/6
07/1998
703.89
1- 1060 513.40 -22
01/27/1998
BUILDINGS
11/3 -1/6
07/1998
249.29
180- 3040 532.40 -22
01/27/1998
ZONE 3
11/3 -1/6
07/1998
11.86
180- 3040 532.40 -22
01/27/1998
ZONE 14
11/3 -1/6
07/1998
24.54
180- 3040 532.40 -22
01/27/1998
ZONE O1
11/3 -1/6
07/1998
40.40
180- 3040 532.40 -22
01/27/1998
ZONE 11
11/3 -1/6
07%1998
41.69
180- 3040 532.40 -22
01/27/1998
ZONE 24
11/3 -1/6
07/1998
188.91
01/29/1998 73959
SARATOGA EDUCATION FOUNDATION 637
150.00
292- 6005- 462.03 -01
01/22/1998
REFUND -OVER PAYMENT
07/1998
150.00
01/29/1998 73960
SARATOGA TREE SERVICE
356
20,145.00
310 -9010- 622.40 -10
01/28/1998
TREE REMOVAL HAKONE
1018
07/1998
20,145.00
01/29/1998 73961
SAXTON HEINRICHS, KIM
359
40.00
1- 1045 513.40 -01
01/22/1998
PROGRAM REGIS. CPRS
07/1998
40.00
01/29/1998 73962
SIGNAL MAINTENANCE, INC.
368
757.26
150- 3015 532.40 -15
01/27/1998
SCHEDULED MAINTENANCE
17932
07/1998
732.64
150- 3015 532.40 -14
01/27/1998
UNSCHECULDED REPAIRS
33651
17933
07/1998
24.62
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND YEAR
PAGE 6
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION
INVOICE
PO
PER/YEAR
TRN AMOUNT
01/29/1998 73963
SPOULOS, REBECCA
376
457.18
1-1065-513.40-01
01/22/1998
HOTEL, CAR RENTAL, PER
VARIOUS
07/1998
457.18
01/29/1998 73964
STATE OF CALIFORNIA
119
416.00
1-1045-513.40-10
01/22/1998
FINGER PRINT CODE BOOKS
153174
07/1998
320.00
1-1045-513.40-10
01/22/1998
FINGER PRINT APPS
151978
07/1998
96.00
01/29/1998 73965
STATE OF CALIFORNIA
382
3,077.33
1-0000-210.20-01
01/28/1998
STATE TAX DEPOSIT
1/29/98
07/1998
3,077.33
01/29/1998 73966
STRATFORD SAFETY PRODUCTS
1138
447.08
150-3020-532.30-01
01/27/1998
PAIN GEAR
146084
07/1998
447.08
01/29/1998 73967
SWANSON, ROY
1068
200.00
250-4010-542.40-10
01/23/1998
TREE INSPECT. FEES FOR
C80039
07/1998
200.00
01/29/1998 73968
SYSTEM WAREHOUSE INC
679
448.90
1-1065-513.30-01
01/27/1998
HP JET DIRECT PRINTER
569212
07/1998
448.90
01/29/1998 73969
TENG, HSIAO-JUNG
1200
69.00
290-6005-445.02-00
01/23/1998
CLASS REFUND
493
07/1998
69.00
01/29/1998 73970
THOMAS PLUMBING
1214
141.00
1-3030-532.40-14
01/28/1998
EMERGENCY REPAIR
47051
07/1998
141.00
01/29/1998 73971
TOCHILKINA, OLGA
1189
100.00
1-1040-413.05-00
01/22/1998
BUS. LIC. REFUNDED
07/1998
100.00
01/29/1998 73972
TUCKER, BEVERLY
409
100.00
1-1045-513.40-01
01/22/1998
REIMBURSE FOR HOTEL DEP.
07/1998
100.00
01/29/1996 73973
UNUM LIFE INSURANCE OF AMERICA 414
2,053.64
1-0000-210.20-01
01/28/1998
LIFE INSURANCE 2/98
1/16/98
07/1998
2,053.64
01/29/1998 73974
WALGREN, JAMES
424
140.00
1-1065-513.40-01
01/23/1998
HTE TRAINING EXPENSES
07/1998
140.00
01/29/1998 73975
WALLACE COMPUTER SERVICES
1152
146.72
1-1050-513.40-41
01/22/1998
W-2 1099 FORMS
E72166010
07/1998
146.72
01/29/1998 73976
WEST VALLEY SANITATION DISTRCI 429
1,818.25
1-1060-513.40-22
01/27/1998
SANITARY SEWER CHGS 97/98
SS0820
07/1998
1,818.25
01/29/1998 73977
WIGHTMAN, MAURA
1209
99.00
290-6005-445.01-00
01/27/1998
CLASS REFUND
30152
07/1998
99.00
01/29/1998 73978
WONG, NAOMA
1199
118.00
290-6005-445.04-00
01/23/1998
CLASS REFUND
730
07/1998
118.00
01/29/1998 73979
XEROX CORPORATION
440
2,849.17
1-1055-513.40-30
01/22/1998
LEASE PAYMENT 220 COPIER
579148317
18321
07/1998
189.79
1-1055-513.40-30
01/22/1998
LEASE PAYMENT 220 COPIER
579344850
18321
07/1998
204.23
1-1055-513.40-30
01/22/1998
LEASE PAYMENT 220 COPIER
57914B380
18321
07/1998
189.79
1-1055-513.40-30
01/22/1998
LEASE PAYMENT 220 COPIER
579148319
18321
07/1998
189.79
1-1055-513.40-30
01/28/1998
MONTHLY LEASE ON 5100A
060597189
18321
07/1998
1,927.50
1- 1055 513.40 -30
01/28/1998
FINAL METER READING CHGS 060597190
18321 07/1998
148.07
PREPARED 01/29/1998,
14:54:24
A/P CHECKS BY PERIOD AND YEAR
PAGE 7
PROGRAM: GM350L
CITY OF SARATOGA
FROM 01/29/1998 TO 01/29/1998
BANK CODE
00
CHECK CHECK
CHECK
DATE NUMBER
VENDOR NAME
VENDOR
AMOUNT
ACCOUNT
TRN DATE
DESCRIPTION INVOICE
PO PER /YEAR
TRN AMOUNT
01/29/1998 73980 ZISKO, ALLISON 1222
290- 6005 564.40 -10 01/28/1998 REFEREE FEES
07/1998
DATE RANGE TOTAL
16.00
16.00
72,377.38
User: WILLIAMSJ
Host: SARASRVRI.COS.CA
Class: 192.0.0.90
Job: QSYSPRT
City of Saratoga
Performance at a Glance
For the Quarter Ended December 31, 1997
General Fund Balance Trend
$6,000
$5,000
$4,000
$3,000
j $2,000
$1,000
$0
(v M V (n (D n
m rn rn m Q Q Q
0 0 0 C. 0 0 0
M M M M M M M
(D (O (D (D (D (D (D
Revenue Expenditure Budget v. Actual
Year to Date Comparison
$8,000
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1,000
$0
r`
rn
N
FYTD Budget
■YTD Actuals
General Fund
Results as of Quarter End
(000's)
6/30/91
Audited
6/30/92
Audited
6/30/93
Audited
6/30/94
Audited
6/30/95
Audited
6/30/96
Audited
6/30/97
Audited
12/31/97
Unaudited
$4,835
$3,407
$2,030
$3,501
$2,585
$4,121
$4,993
$4,928 (1)
Revenues Expenditures (All Funds)
YTD
YTD
Budget
Revenue $6,172
Expenditure 7,541
Total ($1,369)
Budget v. YTD Actuals
(000's)
Favorable
YTD (Unfavorable)
Actuals Variance
$5,908 ($264) (2)
5,232 2,309 (2)
$676 $2,045
Revenue Expenditure Unaudited
Results
1) The General fund balance on this report does not tie to the Treasurer's Report of Fund Balances because the latter does not contain
the audited GeneralFund balance.
2) These amounts come from the Statement of Revenues Expenditures Budget Variance Report. They are thesums of the YTD figures
for the General Fund and All Other Funds.
U)
7't,
CITY OF SARATOGA
Treasurer's Report of Fund Balances
December 31, 1997
Fund Unaudited Adjustments Year to Date Year to Date As of
Number Description July 1, 1997 Transfers Revenues Expenditures December 31, 1997
001
GENERAL
$4,440,593
($358,129)
$3,025,202
$2,732,197
$4,375,470
100
SUP. LAW ENFORCEMENT
20,498
70,645
42,478
48,665
110
TRAFFIC SAFETY
40,235
5,381
45,616
150
GAS TAX
195,379
508,610
599,747
104,242
160
T.D.A.
4,950
18,845
(13,895)
170
HILLSIDE STREET REPAIR
2,807
7,551
356,986
(346,628)
180
LANDSCAPE/LIGHTDIST.
62,838
8,775
68,450
3,163
250
DEVELOPMENT SERVICES
769,092
382,438
386,654
260
ENVIRONMENT PROGRAMS
269,644
191,492
358,922
102,215
270
H.C.D.A.
(100,229)
11,777
89,332
(177,784)
290
RECREATION FUND
17,678
229,308
317,831
(70,845)
292
FACILITY OPERATIONS
78,312
31,559
46,753
293
THEATER TICKET SURCHARGE
21,553
7,301
14,252
300
STATE PARK BONDS
4,340
4,340
310
PARK DEVELOP
2,178,593
40,800
7,675
2,211,718
400
LIBRARY DEBT
(200)
97,130
87,128
9,802
410
CERTS OF PART.
931,035
4,985
926,051
420
LEONARD ROAD ASSMNT.
40,520
1,636
38,884
700
QUARRY CREEK TRUST
27,005
2,795
24,210
710
HERITAGE
5,675
5,675
720
C.A.TV FOUND TRUST
364
364
730
PARKING DISTRICT #2
1 1,898
958
10,940
740
PARKING DISTRICT #3
(1,505)
396
(1,901)
750
PKG DIST BONDS #1 4
(47,644)
(47,644)
800
DEPOSIT AGENCY FUND
331,906
331,906
810
DEFERRED COMPENSATION
1,018,875
1,018,875
830
PAYROLL AGENCY FUND
22,122
30,845
(8,723)
990
SARATOGA PUB. FIN. AUTH.
192,326
2,505
194,831
AGGREGATE TRANSFERS ALL OTHER FUND
1,081,363
1,081,363
Total
$9,642,632
$723,234
$5,095,205
$5,142,504
$10,318,567
NOTE: The balances as of July 1, 1997 are preliminary and unaudited. A number of year end entries, which will have a material effect on the statement, have not
been booked. These entries will be recorded as part of the normal and routine process of closing the books at year end.
Trust and agency balances are treated as a liability versus fund equity for financial statement purposes. Accordingly, the balances shown are for
informational purposes only.
ese transfers will be all ated t e proper fund in the near future.
/`L�L�
mi a by: Approved by:
0MW0Rr<MM- YR)RW0RS (Unaudited Results)
CD
First Republic Thrill Loan
02/07/97
CITY OF SARATOGA
95,000
95,000
6.000%
08/06/98
546
491
Cash and Investment Report
Girard Savings Bank
07/28/97
AA 99,000
99,000
99,000
6.050%
07/28/98
Balance as of December 31, 1997
516
CD
Saratoga National Bank
AAA 500,000
500,000
500,000
6.400%
07/03/98
365
2,756
Anticipated
Metropolitan Bank
07/25/97
Acquisition
FDRe Book Market
Par
5.800%
Maturitv
Monthly
Type
Institution
Institution
Date
Date
Rating Value Value"
Rating Value Value"
Value
Value
Yeild
Yeild
Date Term
Date Term
Earnings
Unrestricted Cash Investments:
365
2,583
CD
Wells Fargo Bank Chase Custody
02113/97
AAA 98,373 c
Cash:
99,000
6.000%
01/20/98
365
508
24
Subtotal CDs
DD
Comerica Bank Savings
N/A
AAA $92,225 $92,225
$92,225
2.400%
Revolving 1
$674
CK
Comerica Bank General
N/A
AAA 159,055 159,055
159,055
0.000%
Revolving 1
N/A
CK
Comerica Bank Petty Cash
N/A
AAA 954 954
954
0.000%
Revolving 1
N/A
MF
State Street Bank and Trust Co. Custodial
N/A
AAA 173 173
173
4.940%
Revolving 1
1
Subtotal Cash
252,407 a 252,407
252,407
3.208%
1
675
LA.LF.
Investments:
MF
L.A.I.F.
N/A
N/A 3,071,243 b 3,071,243
3,071,243
5.744%
Revolving 90
15,191
CD
First Republic Thrill Loan
02/07/97
AAA 95,000
95,000
95,000
6.000%
08/06/98
546
491
CD
Girard Savings Bank
07/28/97
AA 99,000
99,000
99,000
6.050%
07/28/98
365
516
CD
Saratoga National Bank
07/03/97
AAA 500,000
500,000
500,000
6.400%
07/03/98
365
2,756
CD
Metropolitan Bank
07/25/97
AAA 99,000
99,000
99,000
5.800%
07/25/98
365
494
CD
Heritage Bank of Commerce
10/14/97
AAA 500,000
500,000
500,000
6.000%
10/14/97
365
2,583
CD
Wells Fargo Bank Chase Custody
02113/97
AAA 98,373 c
99,000
99,000
6.000%
01/20/98
365
508
24
Subtotal CDs
1,391,373
1,392,000
1,392,000
6.335%
$6,8,336
395
7,348
TN US TN State Street Custody
03/12/97 994,219
999,400
1,000,000
5.746%
02/28/98 355
4,919
TN US TN State Street Custody
04/07/97 998,906
1,001,900
1,000,000
6.091%
05/31/98 422
5,239
Subtotal U.S. Treasury Notes
1,993,125 c
2,001,300
2,000,000
6.091%
389
10,159
Subtotal LA.I.F. Investments 6,455,741 6,464,543 6,463,243 6.070% 437 32,698
Subtotal Unrestricted Cash Investments 6,708,148 6,716,950 6,715,650 5.962% 219 33,373
Restricted Cash Investments:
Reserve Analysis:
General Fund Reserve requirement adopted 6/25/97:
$2,000,000
SV
Saratoga National Bank CDBG
N/A AAA
81,179
81,179
81,179
3.040%
Revolving 1
200
CK
Saratoga National Bank CDBG
N/A AAA
8
8
8
0.000%
Revolving 1
N/A
CK
Wells Fargo Bank CDBG
N/A AAA
18,462
18,462
18,462
0.000%
Revolving 1
N/A
CK
Wells Fargo Bank CDBG
N/A AAA
13,177
13,177
13,177
0.000%
Revolving 1
N/A
SV
Comerica Bank Quarry Creek Trust
N/A AAA
27,260
27,260
27,260
2.000%
Revolving 90
47
Subtotal Restricted Cash Investments
140,086
140,086
140,086
0.176%
24
247
Total Cash and Investments
56,848,234
56';1357,036
$6,8,336
S HBde/i
Avg Yield
:133
$33,620
Benchmark Yield Comparison
3 Month Treasury
5.370%1
6 Month Treasury
5.470%
Schedule of Maturities:
Reserve Analysis:
General Fund Reserve requirement adopted 6/25/97:
$2,000,000
FY 1998
$2,591,498
General Fund Balance as of 12/31/97
$4,375,470
FY 1999
793,000
Pooled Cash Inv. available for current expenses:
$5,915,148
(a +b+c)
Total
$3,384,498
(Includes unrestricted funds maturing within the current fiscal year)
Maturity
General Fund Loans Receivable:
Principal Rate Date Term
Hakone Foundation
$260,997 6.500% 03/01/2004 3,650
NOTES:
FDR The Financial Directory rating is based on computer analysis of prime financials reported quarterly by the institutions to the Federal Reserve Board and the Federal
Board. Ratings based on information released July 1997.
"'Market values for U.S. Treasury Notes provided by State Street Bank and Trust Company.
This loan is noted for memorandum purposes only. The loan is amortized per the agreement with the Hakone Foundation. No payments are received.
Submitted by: Approved by:
,."W,M=yT)1V0"
(Unaudited Results)
CITY OF SARATOGA
Statement of Revenues and Expenditures
Budget Variance Report
General Fund All Other Funds
December 31, 1997 (50% of FY Complete)
NOTES:
1. Property taxes are collected by the County on a semiannual basis each December 10th and April 1 Oth. The County remits the City's apportioned amount typically within one month of collection. Franchise fees are typically received monthly from the
City's refuse hauler and cable TV provider. The water company and electric and gas provider remit fees on an annual basis in February and April, respectively.
2. The timing of Intergovernmental Federal revenues is predicated on submittal of qualifying expenditures.
3. This line item reflects a $300,000 General Fund budgeted reduction in overall revenue in case actual revenues fall short of estimates. No actuals will be recorded to this line item.
4. $1.98 million Civic Center COP debt to be paid off in September. Accounting entries recorded in October. ✓'T-
5. The contingency reserve represents an appropriation for unanticipated expenditures. It may not be directly expensed and must be transferred to other activities or projects, as necessary. f-}
6. A sinking fund has been established for a future replacement of technology. l
Submitted by. Approved b
P y I
(Unaudited Results)
Generall±rrfi
r�
,E
+Ul.niherkunds
Current Month
Year to Date
Annual
Current Month
Year to Date
Annual
Budget
Actual
Variance
Budget
Actual
Variance
Budget
Budget
Actual
Variance
Budget
Actual
Variance
Budget
REVENUES
Taxes
$333,027
$522,571
$189,544
$1,998,164
$1,650,119
($348,045)
$3,996,328
$4,878
($4,878)
$29,270
$8,775
($20,495)
$58,540 1
Licenses and permits
3,891
1,346
(2,546)
23,349
57,735
34,387
46,697
54,392
36,273
(18,119)
326,354
466,627
140,274
652,707
Intergovernmental
104,093
77,396
(26,697)
624,558
544,440
(80,118)
1,249,115
150,351
210,181
59,830
902,107
499,982
(402,125)
1,804,214 2
Charges for services
31,248
24,375
(6,874)
187,491
282,448
94,958
374,981
156,312
114,207
(42,105)
937,870
672,175
(265,695)
1,875,740
Fines, forfeits and assessments
5,500
10,159
4,659
33,000
36,492
3,492
66,000
26,803
3,186
(23,617)
160,816
10,913
(149,903)
321,631
Use of money and property
23,381
30,078
6,697
140,285
61,180
(79,105)
280,569
22,807
27,868
5,061
136,844
208,772
71,928
273,688
Other revenue
342,502
342,502
392,788
392,788
1,542
199,759
198,217
9,253
202,759
193,507
18,505
Revenue reduction allowance
(25,000)
25,000
(150,000)
150,000
(300,000 3
Administrative direct cost reimb.
135,539
135,539
813,234
813,234
1,626,468
Total Revenues
611,680
1,143,965
532,285
3,670,079
3,838,436
168,357
7,340,158
417,085
591,474
174,389
2,502,513
2,070,003
(432,509)
5,005,025
EXPENDITURES
Public safety
219,922
420,297
(200,375)
1,319,535
1,442,738
(123,204)
2,639,069
8,207
5,964
2,243
49,240
34,281
14,959
98,480
Environmental services
5,598
(11,866)
17,464
33,587
19,691
13,896
67,174
167,806
124,538
43,269
1,006,838
762,265
244,573
2,013,676
Public works services
68,030
54,899
13,131
408,179
274,269
133,910
816,357
136,776
120,000
16,776
820,655
567,023
253,632
1,641,309
Community services
14,993
(14,993)
14,993
(14,993)
110,518
58,562
51,955
663,105
415,548
247,557
1,326,210
Debt service
190,779
89,370
101,409
1,144,676
95,103
1,049,573
2,289,352 4
Community support
16,354
16,354
98,121
98,121
196,242
17,530
17,530
105,178
105,178
210,355
General government
196,042
161,858
34,185
1,176,255
906,063
270,192
2,352,509
7,328
6,722
606
43,968
30,845
13,123
87,935
Capital outlay
4,748
1,269
3,479
28,489
74,443
(45,954)
56,978
92,371
16,884
75,486
554,224
505,242
48,982
1,108,447
Contingency reserve
16,667
16,667
100,000
100,000
200,000
5
Interfund transfers
180,227
180,227
1,081,363
1,081,363
2,162,725
(180,227)
(180,227)
(1,081,363)
(1,081,363)
(2,162,725)
Technology sinking fund adjustment
(1,667)
(1,667)
(10,000)
(10,000)
(20,000
6
Total Expenditures
705,921
836
(130,756)
4,235,527
3
331 968
8,471,054
551,087
241,812
309,274
3,306,520
1,328,944
1,977,575
6,613,039
EXCESS OF REVENUES
x
R
r A,
OVER (UNDER) EXPENDITURES
S94'241
03 2
e S401829
-(SSG3 ).�11($65
w,
$500�325�
($I�130896)
b($13�i0U1�
a�.;$349662•i,
,$483,643,.,1,'
48a,�Q02)
r,S�41059:_::S1i545'066
����(SI"608014)i
NOTES:
1. Property taxes are collected by the County on a semiannual basis each December 10th and April 1 Oth. The County remits the City's apportioned amount typically within one month of collection. Franchise fees are typically received monthly from the
City's refuse hauler and cable TV provider. The water company and electric and gas provider remit fees on an annual basis in February and April, respectively.
2. The timing of Intergovernmental Federal revenues is predicated on submittal of qualifying expenditures.
3. This line item reflects a $300,000 General Fund budgeted reduction in overall revenue in case actual revenues fall short of estimates. No actuals will be recorded to this line item.
4. $1.98 million Civic Center COP debt to be paid off in September. Accounting entries recorded in October. ✓'T-
5. The contingency reserve represents an appropriation for unanticipated expenditures. It may not be directly expensed and must be transferred to other activities or projects, as necessary. f-}
6. A sinking fund has been established for a future replacement of technology. l
Submitted by. Approved b
P y I
(Unaudited Results)
AW w�1b
CITY OF SARATOGA
QUARTERLY QUARRY CREEK TRUST ACCOUNT REPORT
SUMMARY OF CASH FLOWS
BEGINNING CASH BALANCES
CASH RECEIPTS
INTEREST
OTHER
SUBTOTAL
CASH DISBURSEMENTS
ENDING CASH BALANCES
Submitted
0 :\p"oFtroe4yy)Qm NKI
ov+vse
JAN -MAR 97 APR -JUN 97 JUL -SEPT 97' OCT
$29,077.18 $27,704.36 $27,001.62
.7.::
143.75
137.26
136.45
137,Q7
0.00
0.00
0.00
143.75
137.26
136.45
)37.07.
1,516.57
840.00
0.00
$2 7,704.36
$27,001.62
$27.138.07 ::::.....:.....$2.4_4.65.6.4.::
roved by: r I
(Unaudited Results) �J
I
F
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE: FEBRUARY 4, 1998 CITY MGR.:
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 Motion(s):
�l z
_t
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 grant
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.
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.
N67'56'52
BASIS OF BEARINGS
90.04
EXIST. EASEMENT LINE
THE BEARING OF N 2 "W OF THE CENTERLINE OF
24.15'
1 r^ 6
SARATOGA- SUNNYVALE ROAD AS SHOWN ON THAT CERTAIN
PROP. CENTER LINE
R 40.00'
8
RECORD OF SURVEY FILED IN BOOK 619 OF MAPS AT PAGE
DESIGNATED
REMAINDER 36.20'
7 567'56'52 "W
6.339 ACRES j/ 61.51'
30 OFFICE OF THE RECORDER OF SANTA CLARA COUNTY
620010' /VC p 97'28'29" ss OR
TRACT NO.
545 R 30.00'
WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY.
OVA
1789
TAGGED LS 6314 TO BE SET PER
STANDARD CITY DRAWING.
NOLTE and ASSOCIATES, Inc.
Engineers Planners Surveyors
P.M. $59 M 21
PUE
I
16
11
RIPARIAN HABITAT PRESERVATION /OPEN SPACE EASEMENT
PCL. A PCL B
SANITARY SEWER EASEMENT
0.30'
Q
7
4 �0
0.24'- s.7 /ry
N26.40'33 "W�
(N67 55 20 E)
"E
N67'56'52
g;
67.32' 1s,.42
90.04
EXIST. EASEMENT LINE
796.18' $26'40'33 "E'
24.15'
1 r^ 6
p 27'21'16"
PROP. CENTER LINE
R 40.00'
8
L 19.10' S54'01'49 "E
DESIGNATED
REMAINDER 36.20'
7 567'56'52 "W
6.339 ACRES j/ 61.51'
S6757'13'W
m
620010' /VC p 97'28'29" ss OR
3/4" I.P. TO BE SET WITH TAG L.S.6314
545 R 30.00'
L /51.04'
LIMIT OF OSE
SEE SHEET 3 OF 3 0
STANDARD. CITY MONUMENT IN BOX
1
TAGGED LS 6314 TO BE SET PER
STANDARD CITY DRAWING.
�,7 86.53. �s`
124.00' 1
LEGEND a NOTES
DISTINCTIVE BORDER LINE
TRACT 8979
EXIST. LOT LINE
EXIST. EASEMENT LINE
CONSISTING OF THREE SHEETS
PROP. LOT LINE
1 r^ 6
PROP. CENTER LINE
BEING A PORTION OF THE QUITO RANCHO
Q•
FOUND MONUMENT, AS NOTED
_m 1
865
FOUND 3/4" I.P. OR AS NOTED
S6757'13'W
m
OF OSE a�
u.
3/4" I.P. TO BE SET WITH TAG L.S.6314
LYING ENTIRELY WITHIN THE CITY OF
Do
STANDARD. CITY MONUMENT IN BOX
SARATOGA. CALIFORNIA
TAGGED LS 6314 TO BE SET PER
STANDARD CITY DRAWING.
NOLTE and ASSOCIATES, Inc.
INDICATES RECORD DATA
Engineers Planners Surveyors
LE
LANDSCAPE EASEMENT
SAN JOSE CAUFORNin
PUE
PUBLIC UTILITY EASEMENT
SCALE: 1" =40' JANUARY, 1999
OSE
RIPARIAN HABITAT PRESERVATION /OPEN SPACE EASEMENT
SSE
SANITARY SEWER EASEMENT
SIDE
STORM DRAIN EASEMENT
(R)
RADIAL BEARING
--344
(344 20)®
ALL DISTANCES AND
DIMENSIONS ARE SHOWN IN FEET AND
DECIMALS THEREOF.
FND. R.R. SPIKE
49 "W
'O
LOT 3
o N. y 31.33'
0 9®
t t 7
1 r^ 6
O
n 10
FND CUT
TOP OF HEADWALL
LIMIT 15796 S.F.
_m 1
865
P.M. 577 MAPS
16
S6757'13'W
m
OF OSE a�
u.
F
aG
10 0
w 3
�N
LOT 2
LOT 1
J
rn z i
--344
(344 20)®
7�� r p 13'46'27" 163.31 FND. 3/4" I.P.
CENTERLINE b pb R 42.00'
OF 120' OSE �7 L 10.10'. 1�
o
S15'41 E I 0 o:' 81
16.63' 1 a o N C,
I y �n to p 59'07'48"
EXISTING -1 rn 1 i R 15.00'
6200 OR 553 I,'I� 574 52'W(R) I L 15.48'
-6= 31'02'06
S15'20'58 "W R 44.00*
A6.75' 1 L 2183' i R 104.00' 1
102'50'34" L 20.48'
S87I29'36 "E R 10.00' p 67'08'35"
17.15' i L 17.95' 80.00'
I p 94'49'40" i L 93.75'
R 20.00' a��p
L 33.10'
4 p0 7
1 1.013 ACRES
.ry /h S6.
50720'04 "W
ri p 1h 21.40' 137.00' "T,o
44.92'
68.84' 61.33 sn.96' t0 PmE
567'58'16 "W
IN67 "E)
(N67 26'E) 0 4 14 15
TRACT NO
A (COMMON
'6 2 6'25 '1 7- 6.311E
138.34
6 76.68
CEO
CI .5(
458 91.51
35
rn
9
13090 S.F.
2
16401 S.F.
15 5.00'
1283.03' TO S.L. 1
1321.75' TO C.L.
16 17
4673
C1 97.77
f0 L,L 29' 11 j'4g
ti
Il
o w 1 C.F
z o
17011 S.F .N
W -e�
3,.89 7 fR oRi�
Q
Q RECORD DAT
R.S. 141 -M -29
TRACT NO.562 20 -M -30
TRACT NO.4673 255 -M -9
•j0' 7� -j R.S. 819 -M -30
R.S. 353 -M -56
R.S. 177 -M- 32,33
P.M. 359 -M -21
7 (a TRACT NO 1 73 -M -1
31.88' 31,89)( C) R.S. 139 M 47
JO R.S. 195 -M -21
P.M. 577 -M -16
TRACT NO.3082 144 -M -14
N�O� rOO,F GRANT DEED 6200 OR 547 -558
H 8' DEED ACCEPT, 6239 OR 612
N 2 DO DEEDS of TRUST 0394 OR 637 k 640
0 Q' aFFIDnVIT J530 OR 712 -715
�Qm O (Ql 6772 OR 790
4
CURV TABL
CUPVF RAUIUS LLNGiI' DLI U•
03 C1 30`,11)0' ;i0.04 (`)'2
C2 280.00' 48 96
C3 8x00 40.62' 2 i
91 P
C4 60.00' 20.58 1/
C5 C5 42.00' 46.53' 5S'28'40"
MON, BOX
N67'58'16 "E PARCEL J 177 M 32
6.45'
6772 OR 290
5
CH 255 0 1 8505 iN
C12 .SOU i5 f h
c 5 4 J O
c14 P.
r
RESOLUTION NO. SD 95 -007
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
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 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
implied offers of easements for public utility
purposes, the same are hereby accepted on behalf of
the public.
The above and foregoing resolution was passed and adopted by the
Saratoga City Council at a meeting held on the day of
19 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
Deputy City Clerk
r
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 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
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
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
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
hold harmless the City and in their capacity as such, its
councilmen, officers, boards, commissions and its employees, from
any and all loss or damage, and from any and all liability for any
and all loss or damage, and from any and all suits, actions,
damages, or claims filed or brought by any and all person or
persons because of or resulting from the doing by Subdivider or any
and all things required of Subdivider by this contract, or because
of or arising or resulting from the failure or omission by
Subdivider to do any and all things necessary to and required by
this contract or by law, or arising or resulting from the negligent
doing by Subdivider, his agents, employees or subcontractors of any
and all things required to be done by this contract, or arising or
resulting from any dangerous or defective condition arising or
resulting from any of the above said acts or omissions of
El
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
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
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
expenses to be incurred by City for engineering and inspection
V
C.
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.
IN WITNESS WHEREOF, the parties hereto have set their hand the
day and year first above written.
CITY OF SARATOGA, a Municipal Corporation
M
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By:
S ivi
By:
(Owner, if different from
Subdivider)
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
Plans submitted and 6 The owner (applicant) shall submit engineered improvement
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
File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY
locations, either found or set. The submitted map shall alsc
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.
Plans submitted and 6 The owner (applicant) shall submit engineered improvement
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
File No. SD -95 -007; 13121 SARATOGA- SUNNWALE 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 l%" 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.
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 submitted and
File No. SD -95 -007; 13121 SARATOGA- SUNNWALE ROAD, KENNEDY
approved.
furnish the City Engineer with satisfactory written commit-
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
Easement on Final Map.
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- rOv_isions =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 submitted and
a. Enter into a Landscape Maintenance Agreement with the
approved.
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.
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,
prior to approval of each Final Map the owner (applicant) may
be required to execute an agreement with the City waiving the
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.
NSA.
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.
Acknowledged.
21.
All new structures shall be connected to the sanitary sewer in
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.
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.
File No. SD -95 -007; 13121 SARATOGA- SUNNWALE ROAD, KENNEDY
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.
Easement on Final Map.
26. Prior to the respective Final Map approval, a riparian habitat
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.
Acknowledged.
29. A requirement of Design Review for lots 3 through 11 shall be
the submittal of landscape p 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.
File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY
Cainp3.�t e d;
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
activities, the City Arborist shall oversee and inspect the
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
3 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.
Acknowledged
38. Applicant agrees to hold City harmless from all costs and
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
File No. SD -95 -007; 13121 SARATOGA- SUNNYVALE ROAD, KENNEDY
or Federal Court, challenging the City's action with respec�
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.
Section 2. All applicable requirements of the State, County,
City and other Governmental entities must be met.
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
vL
air, P anning Commission
ATTEST:
Secretary, pl_a_n_nI'yjg Commission
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA IT
EM
MEETING DATE: FEBRUARY 4, 1998
CITY MGR.:
ORIGINATING DEPT.: COMMUNITY ENVIRONMENT PREPARED BY:v
SUBJECT: 1997 Pavement Management Program Final Acceptance and
Notice of Completion
Recommended Motion(s)
Move to accept the project as
record the Notice of Completion
complete and authorize staff to
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
$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.
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 in 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.
Conseq uences 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
1. Notice of Completion.
Recording requested by,
and to be returned to:
City of Saratoga
Engineering Division of the
Community Environment Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed to be performed .under
the contract mentioned below between the City of Saratoga, a
municipal corporation, whose address is 13777 Fruitvale Ave.,
Saratoga, CA 95070, as Owner of property or property rights, and
the Contractor mentioned below, on property of the Owner, was
accepted as complete by the Owner on the 4th day of February, 1998.
Contract Number: N/A Contract Date: July 22, 1997
Contractor's Name: O'Grady Paving, Inc.
Contractor's Address: 2513 Wyandotte Street, Mountain View, CA
94043
Description of Work: 1997 Pavement Management Program
This notice is given in accordance with the provisions of Section
3093 of the Civil Code of the State of California.
The undersigned certifies that he is an
Saratoga, that he has read the foregoing
Completion and knows the contents thereo
true of his own knowledge, except as to
therein stated on information or belief,
that he believes to be true.
officer of the City of
Notice of Acceptance of
f; and that the same is
those matters which are
and as to those matters
I certify under penalty of perjury that the foregoing is true and
correct. Executed at the City of Saratoga, County of Santa Clara,
State of California on 19
ATTEST:
CITY OF SARATOGA
BY:
Larry I. Perlin
City Manager
Larry I. Perlin, City Clerk
Gov. Code 40814
Jan. 30, 1998
TO: City Council
FROM: Stan Bogosian
RE: Highway 85 Noise Study
Since I will not be attending the meeting of Feb. 4` I'd like to offer my thoughts on the
noise study. My understanding is that this is a receive and file item, and that no action is
necessary on our part. Also, I assume that the implementation of any of these measures is
contingent upon funding from Cal- Trans. That being said, here is my view of the
alternatives:
Overall, I would like to see measures implemented which deliver the greatest sound
reduction benefit at the least level of disruption of the lives of the citizens of Saratoga.
Speed limit reduction: This is a political hot potato, but offers demonstrable relief. I
would support such an alternative if all the cities along 85, including San Jose, were
willing to sign on. Lowering the speed only through Saratoga and/or Cupertino would
create an enforcement nightmare, not to mention a divisiveness in the region.
Pavement: Grooved pavement should never have been used there in the first place. This
appears to be an effective measure relatively low in cost. The only issue is the
maintenance costs, but the benefits appear to justify the costs.
Soundwall surfacing: worth further investigation.
Soundwall height increase: Maybe in selected areas.
The other alternatives, including sound zappers and snowsheds, are either unproven or too
disruptive /expensive. If we can reach agreement on some viable alternatives, we should
communicate them to Cuneen and Sher at our breakfast meetings this spring.
12308 Walden Court
Saratoga, CA 95070
January 24, 1998
Saratoga City Council
13777 Fruitvale Avenue
Saratoga, CA 95070
Dear City Council:
A
In reference to the recent recommendations by the Acentech Report on noise reduction of Interstate 85, and
Cal -Trans' refusal to fund a noise reduction project (noise correction project) for the freeway, please be
aware of the following:
1. Acentech's top recommendation of... "lower the speed limit by 10 mph would lower the noise
levels" is an inaccurate conclusion since the speed limit was raised from its original 55mph to
65mph well after the freeway was installed. (And, keep in mind that Acentech received more
than $100,000 of our tax money from Cal -Trans to make this "top" recommendation.)
2. And, Cal -Trans' argument that they built Interstate 85 to State Requirements, and that it achieved
the desired noise abatement goals may be how they rationalize their refusal to fund a noise
reduction project (or noise correction project) of the freeway. However, lest they forget, the
residents of Santa Clara Valley paid for this Freeway with their sales tax dollars (Measure "A
therefore, they are entitled to some kind of recourse or at least the accountability of these funds.
In order to settle the argument of who is going to pay for the noise- reduction project (or noise
correction project) of Interstate 85, the Council should recommend to The Honorable Governor
Pete Wilson that he set up a complete investigation of Cal-Trans to find out where they
actually spent our Measure "A" sales tax dollars. (I wrote a letter to The Honorable
Governor Pete Wilson in 1995 requesting such, but he did not reply; however, his office
forwarded my letter to Cal -Trans. Cal Trans answered the forwarded letter by stating that they
had built the Interstate 85 according to State Requirements, and since there were no funds for a
noise abatement project, nothing else would be done to the freeway in essence I was
stonewalled from two agencies.
I trust that the Saratoga City Council will take a strong stand when choosing which is /are the best option(s)
for the noise- reduction project (noise correction project) of Interstate 85, and that they will hold Cal -Trans
responsible for the funding of the project. And, if Cal -Trans refuses to fund the project, then the Council
should recommend to The Honorable Governor Pete Wilson that he set up a complete investigation of Cal
Trans and have the Measure "A" fund account audited.
Sincerely,
Christina Christina Gulrich
cc: The Honorable Jim Cuneen
Member of the Assembly
901 Campsi Way, Suite 300
Campbell, CA 95008
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
MEETING DATE: February 4, 1998
AGENDA ITEM :$A
CITY MANAGER
ORIGINATING DEPT. Paula Reeve
Office of the City Manager
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 Saratoga's various massage 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 also based on the time required by staff ta_ administer each
appeal process.
Page 2 Proposed Massage Establishment Ordinance
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
ATTACHMENT 1
PROPOSED MASSAGE PERMIT FEE SCHEDULE
MASSAGE ESTABLISHMENT PERMIT
Annual Renewal
MASSAGE PRACTITIONER PERMIT
Annual Renewal
MANAGING EMPLOYEE PERMIT
Annual Renewal
TEMPORARY MASSAGE PRACTITIONER
PERMIT (90 Days)
EXAMINATION FEE
BACKGROUND INVESTIGATION /PRINTS
CURRENT PROPOSED
$1,250 $750
500 375
APPEAL HEARING FEE
Permit Denials
Permit Suspensions /Revocations
400
350
200
175
N/A
350
N/A
175
N/A *350
N/A As set by Examiner
50 As set by Sheriff
N/A
500
1,500
Credited towards fee for Massage Practitioner Permit, if issued.
DEC -05 -97 FRI 10 :19
MICHAEL R NAVE
STEVEN It MEYERS
tU[ABETH M. SILVER
MICHACL 3. fbe^CK
KFNNETH A. WILSON
DAVID W. SKINNER
STEVEN T. MATTAS
CLIFFORD F, CAMPBELL
MICHAEL r. RODRIOUEZ
KATHI FEN FAU810N, A1CP
RICK W, JARVIS
LARISSA M. SETO
DCSBIE F, LATHAM
WAVNE K SNODGRASS
ARNE B. SANDRFRG
BENJAMIN P. FAY
DANIEL A MULLER
LIANE M. RANDOLPH
PATRICK WMITNCLL
KATHARINE G. WE►IMAN
Or COUNSEL
ANDREA.I SALT7AWN
CERTIFIED APPELLATE SPFCLALIS r
MEYERS,NAVE,RIBA0K &S1LV, FAX N0. 510 351 44th
Attachment 2
l e
MEYERS, NAVE, RMACK, SILVER WMSON
A PROFESSIONAL LAW CORPORATION
TO: City Council
City Manager
City of Saratoga
FROM: Michael S. Riback
City Attorney
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351 -4300
FACSIMILE: (510) 351 -4481
MEMORANDUM
NQNIM9 LAY
555 FIFTH STRPFT, SuiTr 230
SANTA ROSA, CA 9S401
TELEPHONE: (707) 645.8009
rACSIMILr: (7071 545 -5617
[EN AL LLEY OFFI
`'r'50 CLAMMONT AVENUE
STOCKTON, CA OS207
TELEPHONE: (209) 951 aOeo
FACSIMILE: (209) 951.3009
DATE: December S, 1997
RE: Summary of the Proposed Massage Establishment Ordinance
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 gay Area cities.
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 dues not require the City Manager to conduct a public hearin g
for a new massage establishment. This provision was eliminated because with the new,
detailed, permit requirements, a hearing is not necessary.
Under the new ordinance, there are four specific types of permits: a massage
establishment permit, a managing employee permit,. a massage practitioner permit and a
temporary employee permit. Anyone applying for one of these permits must submt
i
detailed personal and/or business information under the penalty of perjury, inclu
g
DEC -05 -97 FR1 10 :20 MEYERS,NAVE,RIBACK &S1LV. FAX Nu. 510 351 4461 r. wiu-)
TO: City Council, City Manager
FROM: Michael S. Riback, City Attorney
RE: Summary of the Proposed Maccage Establishment Ordinance
DATE: Dew.mber S, 1997
PAGE: 2
information concerning past employment, criminal history and /or specific business
records. The City Manager may either deny the periiiit, 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 t.o 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 every
four years. Also, existing massage practitioners are exempted from the 300 hour
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. Thcse 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. T'he 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).
Michael S. Riback
City Attorney
MSRWSH:dsp
F:\wPD\MNRSW\273\01\MEMO\DEC9AWSSAGE.SUM
Attachment 3
ORDINANCE NO. 71- DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REPEALING ARTICLE 4-55 OF. CHAPTER 4 AND ADDING
ARTICLE 4 -55 TO CHAPTER 4 OF THE
CODE OF THE CITY OF SARATOGA RELATING TO
MASSAGE ESTABLISHMENTS AND MASSAGISTS
The City Council of the City of Saratoga hereby Ordains as follows:
Section 1 Article 4 -55 of Chapter 4 of the Code of the City of Saratoga is
hereby repealed in its entirety.
Section 2 Article 4 -55 of Chapter 4 of the Code of the City of Saratoga is
hereby added to read as follows:
"Article 4-55
MASSAGE ESTABLISHMENTS AND MASSAGISTS
4- 55.005 Purpose.
In enacting these regulations the City Council recognizes that massage is
a viable professional field offering the public valuable health and therapeutic services.
It is the purpose and intent of the City Council that the operation of
massage establishments, massage practitioners, managing employee and persons
offering massage be regulated in the interest of public health, safety, and welfare by
providing minimum building sanitation and health standards and to insure that
persons offering massage shall possess the minimum qualifications necessary to
operate such businesses and to perform such services offered.
It is the intent of this Article to enact regulations to insure that those
offering massage services are qualified and trained and can be expected to conduct
their work in a lawful and professional manner. The City Council finds that existing
controls have not satisfactorily addressed or regulated serious police problems and
regulated the profession so as to discourage the use of the profession for objectionable
and illegal purposes.
4.55.010 Definitions.
For the purpose of this Article, unless otherwise apparent from the context,
certain words and phrases used in this Article are defined as follows:
(a) "Business massage" means any massage of the neck. arms,
shoulders, and back area, above the waist where the client is fully clothed and done
without the use of supplementary aids, such as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, or other similar preparations commonly
used in this practice.
(b) "City Manager" means the City Manager of Saratoga or his/her
designee.
(c) "Managing employee" means any employee of a massage
establishment who has been designate by the holder of the massage establishment
permit to manage the business in his/her absence. The managing employee may
perform massages at the business only if he/she obtains and maintains in effect a
massage practitioner permit.
(d) "Massage" means any method of pressure on, or friction against,
or stroking, kneading, rubbing, tarring, vibrating, or stimulating the external parts of
the human body with the hands, or any part of the body, or with the aid of any
mechanical or electrical apparatus, or other appliances or devices, with or without
such supplementary aids as rubbin alcohol, a ntiseptic, oil, owders, lotion, ointment,
or other similar devices
I
(e) "Massage establislunent" means any establishment having a fixed
place of business in the City in which massages are given in return for compensation
of any type, including but. not limited to any hot tub /sauna, or tanning establishment
in which massage services are made available to clients, or any premises offering
xtlaxation services!
(f) `Massage practitioner" means any person who performs massage
in rCLurn for compensation of any type.
(g) "Outcall massage service" means the engaging in or carrying on of
2
DRAFT
massage for consideration at a location other than a licensed massage establishment.
(h) "Permit" means a written document authorizing the holder to
engage in the business written on said document.
(i) "Person" means any individual, partnership, firm, association,
corporation, joint venture or any other combination of one or more individuals for
the purpose of doing business.
(j) "Recognized school" means any school or institution of learning
which has been approved pursuant to California Education Code Section 94300 et
seq. or other applicable state law or regulations, or any public school which requires a
resident course of study of not less than 100 hours within at least three (3) months
on the theory, ethics, history, practice, methods, profession or work of massage,
including the study of anatomy and physiology and hygiene, and at least seventy -five
(75) hours of demonstration and practice of massage techniques, and which provides
a diploma or certificate of graduation upon successful completion of such course of
study or course work recognized by national professional massage or body therapy
organizations.
(k) "Temporary massage practitioner permit" means a permit to
engage in the practice of massage for a limited period. Every temporary massage
practitioner permit shall be subject to the provisions of Section 4- 55.020(d) of this
Code.
(1) "Working under the supervision" means the person is an
employee of a licensed medical professional, is working at the same location as the
licensed medical professional, and has his/her work directed by the licensed medical
professional.
4- 55.020 Permit Requirements For Massage Establishments,
Managing Employees And Massage Practitioners
(a) Massage establishment permit. No person shall establish,
operate, or maintain a massage establishment within the City without first obtaining
from the City Manager, and maintaining, a massage establishment permit. It is
unlawful to operate, establish, or maintain a massage establishment while the permit
issued for such business has been suspended, revoked, or has expired. Only one
permit (including a permit which has been suspended or revoked or is in the appeals
process) shall be issued to a business location. No additional applications for permits
K3
DRAFT
will be accepted for locations which are in the appeals process, until the existing
permit has expired, been revoked, or been surrendered by the applicant.
(b) Managing employee permit. No person shall act as the
managing employee for any massage establishment within the City unless he/she has
obtained a managing employee permit from the City Manager. It shall be unlawful
for any person to act as the managing employee of any massage establishment while
his/her managing employee permit has been suspended, or revoked, or has expired.
(c) Massage practitioner permit. No person shall engage in the
practice of massage, including outcall massage, in return for compensation of any type
within the City without obtaining from the City Manager and maintaining in effect a
massage practitioner permit. It shall be unlawful for any person to engage in the
practice of massage in return for compensation while his/her massage practitioner
permit has been suspended, revoked, or has expired.
A person who obtains a massage establishment permit or a managing
employee permit and plans to personally give massages at the business, shall also
apply for and obtain a massage practitioner permit, and shall pay fees for
administration of the written and practical examination pursuant to Section 4-
55.060.
(d) Temporary massage practitioner permit. A temporary
massage practitioner permit may be issued by the City Manager only upon the
following express conditions:
(1) The application is made to work in a massage
establishment in continuous operation, not less than eight (8) hours a
day, five (5) days a week for twenty -four (24) consecutive months
preceding the date of the application;
(2) The holder of the massage establishment permit furnishes a
written statement to the City Manager acknowledging that he/she
intends to employ the applicant for a temporary massage practitioner
permit and then in the event that permit expires or a permanent
massage practitioner permit is denied by the City Manager, employment
of such applicant will be immediately and permanently discontinued;
(3) The application is filed for a massage practitioner permit;
all required fees are paid in accordance with Section 4- 55.050(c); the
4
DRAFT
application is entirely complete at the time of filing and the applicant
meets all criteria for a massage practitioner permit;
(4) If required, the practical massage examination must be
successfully completed by the applicant;
(5) Upon any violation of this Article occurring in the massage
establishment, the temporary massage practitioner permit shall be
forthwith rendered null and void and shall be surrendered to any
employee or agent of the City upon request;
(6) A temporary massage practitioner permit shall expire upon
issuance of a massage practitioner permit, or the expiration of ninety
(90) days from the date of application, whichever comes first;
(7) There shall be no appeal from denial of a temporary
massage practitioner permit.
(e) Business License Required Any person desiring to operate a
massage establishment for which a permit is required under the provisions of this
Article shall also apply for and obtain a business license pursuant to Article 4 -05 of
this Chapter and pay the license free specified in Section 4- 05.100. No such business
license shall be issued unless and until the applicant has first obtained a valid permit
under this Article.
(f) Current Permit Required No person shall accept or continue
employment as a massage practitioner at any massage establishment in the City
unless the owner or operator of such establishment holds a current unrevoked permit
issued pursuant to this Article.
4- 55.030 Exemptions.
The provisions of this Article shall not apply to persons licensed to
practice any healing art or profession under the provisions of Division 2 of the
California Business and Professions Code, or to persons working under the direction
of any such licensed person in any hospital, nursing home, or sanitarium; nor shall
this Article apply to persons licensed as barbers or cosmetologists under the
provisions of Division 3 of the California Business and Professions Code who
administer such treatment in good faith in the course of licensed practice; nor shall
this Article apply to accredited high schools, junior colleges, colleges and universities
5
DRAFT
whose coaches and trainers are acting within the scope of employment.
4-55 -040 Educational requirements for massage practitioners,
temporary massage practitioners permit and holders of
massage establishment permits, and managing employee
permits.
(a) Educational requirements. All applicants for a massage
establishment permit, managing employee permit, massage practitioner permit, and
temporary massage practitioner permit, must meet either of the following educational
standards in order to qualify for such permit:
(1) Possession of a diploma. or certificate of graduation from a
recognized school of massage, college, junior college, or university which
shows satisfactory completion of at least 300 hours of a nonrepetitive
curriculum in anatomy, physiology, hygiene, sanitation, and massage
theory, history, ethics and practice; or
(2) Possession of diploma or certificate of graduation from a
recognized school of massage, college, junior college, or university which
shows satisfactory completion of at least 200 hours of a nonrepetitive
curriculum in anatomy, physiology, hygiene, sanitation, and massage
theory, history, ethics and practice and at least 100 hours of
documented experience under the direct supervision of a licensed
massage practitioner, physical therapist, phrieian, eltirepraeter or other
health professional who is duly licensed to practice his/her respective
profession under the laws of the State.
(b) Exemption from educational requirements and medical
certificate. Applicants for a massage establishment permit or managing employee
permit who sign a declaration under penalty of perjury that they will not personally
engage in the practice of massage at the business are exempt from the educational
requirements set forth above and are exempt from obtaining a medical certificate.
(c) Extension of time to complete education requirements.
Holders of business licenses issued by the City ?ir?GY ";cc before the
effective date of this Article, engaged in the practice of massage within the City,
N
DRAFT.
4- 55.050 Applications for massage establishment permits, managing
employee permits, massage practitioner permits, and temporary massage
practitioner permit.
(a) Submittal of application. Every person, firm, corporation, or
partnership desiring to obtain a permit shall file a written application to the City
Manager on a form provided by the City. (The applicant, firm, corporation, or
partnership shall designate one of its officers or partners to act as the responsible
person for the business and will complete and sign all forms/appli cations required.)
The application form must contain the following information:
(1) The full name, including any nicknames or other names
used presently or in the past, and the present street address and phone
number of the applicant;
(2) The applicant's two (2) most recent street addresses, and
the dates of residence at each address;
(3) The date of birth of the applicant;
(4) The applicant's height, weight, and color of eyes and hair;
(5) The applicant's driver license number (if any) and social
security number,
(6) The applicant's two (2) most recent employers, including
their names, street addresses, cities, and phone numbers, and the
position held by the applicant;
7
year from the effective date of this Article to satisfy the educational requirements set
forth above. A one year extension may be granted provided that the applicant can
document that he or she has completed at least one -half of the necessary hours
required to comply with the additional requirements of this Article.
DRAFT
(7) The names, street addresses, and phone numbers of any
massage establishment or any other business involving massage by which
the applicant has been employed within the past ten (10) years; and the
dates of employment;
(8) Any criminal conviction on the part of the applicant for
offenses other than traffic violations within the ten (10) years preceding
the date of the application;
(9) Whether the applicant has ever had a license, certificate,
permit, or other authorization to engage in the practice of massage, or
the operation of a massage establishment, or other business engaged in
the practice of massage, suspended or revoked within the ten (10) years
preceding the date of the application, the dates and reasons for any such
suspensions or, revocations, and the name and location of the
jurisdiction or agency which suspended or revoked such license,
certificate, permit, or other authorization;
(10) Whether the applicant, including applicant as a member of
a corporation, business, or partnership, has ever operated or been
employed at any business which has been the subject of an abatement
proceeding under the California Red Light Abatement Act (California
Penal Code Sections 11225- 11325) or any similar laws in other
jurisdictions. If the applicant has previously worked at such a business,
he/she should state on the application the name and address of the
business, the dates on which the applicant was employed at such
business, the name and location of the court in which the abatement
action occurred, the applicable case number, and the outcome of the
abatement action;
(11) If the applicant is a partnership, the application shall set
forth the names and "street addresses of each general and limited partner.
If the applicant is a limited partnership, it shall furnish a copy of its
certificate of limited partnership as filed with the County Clerk. If one
or more of the partners is a corporation, the provisions of this
subsection pertaining to corporate applicants shall apply to the
corporate partner.
(12) If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its article of
DRAFT
incorporation or charter together with the state and date of
incorporation and the full legal names and street addresses of each of its
current officers and directors and each stockholder holding more than 5
percent of the stock of that corporation;
(13) Whether the applicant has met the educational
requirements set forth in this Article (except for cases involving
applications for massage establishments or managing employee permits,
when the applicant has filed a statement under penalty of perjury that
he/she will not personally give massages at the massage establishment);
(14) Whether the applicant has previously applied to the city
for a massage establishment permit, managing employee permit, massage
practitioner permit, or temporary massage practitioner permit, the date
of the application and every name(s) under which the application was
made;
(15) In the case of an application for a massage establishment
permit or managing employee permit, the proposed name and street
address of the massage establishment, together with the name and street
address of any other massage business operated or managed by the
applicant, within the ten (10) years preceding the date of the
application;
(16) In the case of an application for a massage establishment
permit or managing employee permit, whether the applicant intends to
personally provide massage services at the business;
(17) A statement under penalty of perjury that the applicant has
not made any false, misleading, or fraudulent statements or omissions of
fact in his/her application or any other documents required by the City
to be submitted with the application;
(18) The name and street address of the owner or renter and the
lease holder of proposed premises of which application is made. In the
event the applicant is not the legal owner of the property, the
application must be accompanied by a copy of the lease and a notarized
acknowledgment from the owner of the property that a massage
establishment will be located on the property;
E
DRAFT
(19) In the case of a massage establishment application, proof of
massage malpractice insurance in the sum of no less than $1,000,000;
(20) A description of any other business to be operated on the
same premises, or on adjoining premises, owned or controlled by
applicant;
(2 1) Authorization for the City of Saratoga, its agents and
employees, to seek information and conduct an investigation into the
truth of the statements set forth in the application and into the
background of the applicant and responsible managing officer.
(b) Submittal of documentation. Applicants shall also submit the
following information at the time of their application:
(1) A birth certificate or other proof that the applicant is at
least eighteen (18) years of age;
(2) A certificate from a physician, which includes the
physician's street address and phone number, and states that the
applicant is free from communicable diseases or other conditions which
could interfere with his/her ability to engage in the practice of massage,
to the public, in a safe and healthful manner. Communicable disease
testing is required for Hepatitis B and tuberculosis. The medical exam
must have been completed within sixty days of the permit application;
(3) A diploma, certificate of graduation, transcript, or other
written proof acceptable to the City Manager that the applicant has met
the educational requirements set. in this Article, unless in the case of
applications for a massage establishment permit or managing employee's
permit and the applicant has submitted with the application a written
statement under penalty of perjury that he/she will not personally give
massages at the establishment;
(4) Two (2) recent identical color photographs of the applicant
(similar to passport photos);
(5) Other related information requested by the City Manager
in order to confirm the identity of the applicant and evaluate the
background and qualifications of the applicant for the permit sought;
10
DRAFT
(6) Documentation to prove that the applicant has a lawful
right to work in the United States.
(c) Payment of massage establishment permit, managing
employee permit, massage practitioner permit, or temporary practitioner
permit fees. At the time of submitting an application for a permit(s) the applicant
shall pay all permit fees, examination fees, and investigation fees (to defray the cost
of the investigation required by this Article. Applicants who will need the services of
an interpreter for their written and/or practical examination shall also pay a fee to
cover the cost of these services. All fees shall be nonrefundable, except that the City
shall refund examination fees if the application is denied before the applicant takes
the written and/or practical examination. All fees will be set forth in the City fee
schedule. A copy of the receipt(s) shall accompany the application.
If the applicant initially fails either the written examination, practical
examination, or both, and wishes to retest pursuant to this Article, he/she shall pay
the applicable examination fees again before taking the examination(s) for a second
time.
4- 55.060 Processing of Application, Investigation and Written and
Practical Exams
(a) Processing of application, investigation, and
written/practical examination(s). Upon receipt of an application for a permit(s)
the City Manager shall review the application and supplementary material. If it is
clear from the face of the application and supplementary materials that the applicant
is not qualified for the permit(s) sought, the application may be denied without
further investigation or testing. If it appears from the face of the application and
supplementary material that the applicant may be eligible for the permit(s) sought,
the City Manager shall verify the information submitted by the applicant and shall
further investigate the qualifications of the applicant as follows:
(1) Photographs/fingerprints/review of criminal history.
The City Manager shall photograph the applicant and take a full set of
the applicant's fingerprints and shall submit the fingerprints to the
Department of Justice (DOJ) and to the Federal Bureau of Investigation
(FBI) for evaluation. Upon receipt of the report from the DOJ and FBI,
the City Manager shall review the criminal history (if any) of the
applicant;
11
DRAFT
(2) Investigation of location and premises of massage
establishment. Upon receipt of an application for a massage
establishment permit, the City Manager shall refer the application to the
City's fire, building, -attd planning 4456 ear Qr a departments,
who shall review the application and inspect the premises to ensure that
the designated site will comply with applicable City zoning, building,
fire safety ordinances, and any other applicable City ordinances;
(3) Additional investigation. The City Manager may
conduct additional investigations in a manner authorized by lave when
necessary to determine if the applicant meets the qualifications for a
permit pursuant to this Article;
(4) Practical examination. The City Manager shall require
the.applicant to take and pass a practical examination to demonstrate a
basic knowledge of anatomy, physiology, hygiene, and the theory,
practice, history, ethics, and methods of massage. The examinations
shall be administered on behalf of the City, by a doctor or other licensed
health professional selected by the City Manager. The City Manager
shall establish procedures for the examinations in accordance with this
Article. If the applicant fails the practical exam, he/she shall be
permitted to retake the examination once, after at least thirty (30) but
no more than sixty (60) days have elapsed from the date of the first
examination, so long as the applicant pays the applicable examination
fees for a second time and complies with City Manager procedures. If
the applicant fails the examination a second time, the application shall
be denied, and the applicant shall not be permitted to apply again for a
massage establishment permit, managing employee permit, massage
practitioner permit or temporary massage practitioner permit for a
period of one year;
(S) Exemptions from testing requirements. The following
applicants shall be exempt from the testing requirements set forth in
subsection (4) above.
(i) Massage practitioners who have completed at least 300
hours of education and training at a recognized school and have
passed the National Certification Examination for Therapeutic
Massage and Body Work, administered by the Psychological
Corporation, San Antonio, Texas; and
12
DRAFT
(ii) Applicants for massage establishment permits or
managing employee permits who sign a written statement under
penalty of perjury that they will not personally engage in the
practice of massage are exempt from the testing requirements.
4- 55.070. Reserved.
4- 55.080 Action by City Manager on permit application; grounds for
denial; conditions of approval.
(a) Grant or denial of application for massage establishment
permit, managing employee permit, massage practitioner permit, or temporary
massage practitioner permit. The City Manager shall grant or deny the application
for a permit(s) within ninety (90) days of the applicant's submission of a completed
application and all required supplementary material. When necessary, the City
Manager may extend the time in order to conduct a complete investigation and
hearing.
(b) Grounds for denial of permit. The City Manager shall deny a
pen if any of the following circumstances exist:
(1) The application is incomplete and/or required
supplementary materials are not submitted within thirty (30) days of
the date of application;
(2) The applicant does not have proof of the required
educational qualifications, unless the applicant is exempt from these
requirements as established in this Article, and can show proof of
qualifications for exemption;
0
(3) The applicant has previously had a massage establishment
permit, managing employee permit, massage practitioner permit, or any
similar license, certificate, or permit revoked by the City or any other
public agency;
(4) The applicant has made a false, misleading, or fraudulent
statement or omission of fact in his/her application or other materials
submitted with the application;
13
DRAFT
(5) The applicant, including applicant as a corporation or
partnership, or former employer of the applicant while the applicant was
so employed, has been successfully prosecuted under the Red Light
Abatement Act (California Penal Code Sections 11225 through 11325)
or any similar laws in another jurisdiction;
(6) The applicant has been convicted of-
(i) An offense which requires registration pursuant to
California Penal Code Section 290, or a violation of Penal Code
Sections 266 (i), 311 through 311.7, 314, 315, 318, 647 (b) or
(d), or equivalent offenses under the laws of another jurisdiction,
even if expunged pursuant to Penal Code Section 1203.4;
(ii) A prior offense which involves violation of California
Health and Safety Sections 11351, 11352, 11358 through
11363, 11378 through 11380, 11054, 11056, 11057, 11058,
any other violation(s) involving illegal possession for sale, or sales
of a controlled substance, or equivalent offenses under the laws of
another jurisdiction, even if expunged pursuant to Penal Code
Section 1203.4;
(iii) Any offense involving the use of force or violence upon
another person;
(iv) Any offense involving sexual misconduct with children;
(v) Any offense involving theft;
(7) The operation of the massage establishment at the
proposed site would violate the City's Zoning, Building, Fire
Regulations, or othe-i' provisions of the City ordinances;
(8) Any violation of this Article if previously licensed at any
other location during the pendency of the application.
(c) Granting of Permit In considering a massage establishment
permit, the City Manager may grant the application for a permit as applied for or in
modified or conditional form if, on the basis of the application and the evidence
submitted, the City Manager makes all of the following findings:
14
DRAFT
(1) The property on which the massage establishment will be
conducted and the operation thereof complies with all building, zoning,
fire, health and safety codes and with the requirements of this Article.
(2) The proposed location of the massage establishment is in
accord with the objectives of the zoning ordinance and the purposes of
the district in which the site is located.
(3) None of the grounds for denial of the permit, as listed in
Paragraph (b) of this Section, exist.
(4) The massage establishment and the conditions under which
it will be operated will not be detrimental to the public health, safety or
welfare, or injurious to properties in the or disturbing to the
occupants thereof.
(d) Conditional_ Granting of Permit In considering a massage
establishment permit the City Manager may grant the permit subject to such
conditions and restrictions as he/she deems reasonable and necessary under the
circumstances, including without limitation, any or all of the following:
(1) Restriction on hours of operation.
(2) Parking requirements.
(3) Prohibition against the sale or serving of food or beverages or
the conducting of nonmassage business on the premises.
(e) Notice to applicant of grounds for denial of application.
The City Manager shall give written notice of the grounds for denial to the applicant
for a permit. If the application istenied, the notice shall be by certified mail, return
receipt requested, and/or hand delivered to the managing employee on the business
premises; and shall advise the applicant of his/her right to appeal the decision.
(f) Appeal of denial of application for a permit. Upon the denial
of an application for a permit, the applicant may appeal through the following
procedures:
(1) Request for appeal hearing. The applicant shall file a
15
D R AF T
written request for an appeal hearing, which states the specific grounds
on which the decision of the City Manager to deny the permit is
contested, within ten (10) days after service of the notice of the written
decision, by deposit of the notice, addressed to the holder of the permit,
by certified mail and/or by hand delivery. At the time of submitting the
written request for an appeal hearing, the applicant shall pay an appeal
hearing fee, set forth in the City fee schedule, to help defray in part the
additional cost to the City. If the applicant does not request an appeal
hearing within the ten (10) day period, no further notice is required and
the application will remain denied.
(2) Appeal hearing. An appeal hearing shall be conducted as
provided for in Sections 4- 55.150 and 4- 55.155 of this Article.
4- 55.090. Issuance of permit; duration; renewal.
(a) Notice If the application for a permit is granted pursuant to
Section 4- 55.080, the City Manager shall send a notice of the approval, and a
statement of all conditions thereof, to the applicant and to the Sheriff and all
appropriate staff. After full compliance by the applicant with all conditions imposed
by the City Manager for issuance of the permit and provided no appeal has been filed
from the decision of the City Manager and the period for such appeal has expired, the
City Manager shall issue the permit.
(b) Effective Period For Permit A massage establishment permit
issued pursuant to this Article shall remain in effect for such initial period as specified
by the City Manager, not to exceed one year.
(c) Expiration and renewal of massage establishment permit,
managing employee permit, and massage practitioner permit. All permits shall
expire one year after the date of their issuance, unless a shorter expiration date is
given by the City Manager or unless revoked sooner by the City Manager.
Applications for renewal of permits must be submitted to the City Manager no later
than sixty (60) days prior to the expiration of such permit on a form provided by the
City, which shall require the applicant for renewal to update the information
contained in the original application.
(d) Medical Certificate Renewal Any applicant requesting the
renewal of a massage practitioner permit must also submit, with the renewal
application, a certificate from a medical doctor stating that the applicant has, within
16
DRAFT
the past thirty (30) days immediately prior to the filing of the application, been
examined and found to be free from any communicable disease capable of being
transmitted to the public or to fellow employees by the type of conduct and
interaction involved in the performance of massage.
(e) Fee Renewal The applicant must pay the City a nonrefundable
fee set forth in the City Fee Schedule, at the time of filing the application for renewal.
After investigating the application for renewal, the City Manager may renew the
permit(s) if the applicant continues to meet the standards for the issuance of a permit
and none of the grounds for denial of a permit set forth in this Article exist.
The City Manager shall give the applicant for renewal written notice of
his/her decision within sixty (60) days of the submittal of the completed application
for renewal. If the application is denied, the notice shall be sent via certified mail and
shall state the specific grounds for the denial and notify the applicant that he/she may
appeal through the procedures set forth in this Article.
If the holder of the permit does not file a completed renewal application
at least sixty (60) days prior to the expiration of the permit or certificate, the
applicant shall be required to file an application for a new permit and will be required
to pay the applicable fees for a new permit.
4- 55.100 Permits and certificates non transferable.
.(a) Permit A massage establishment permit issued pursuant to this
Article shall not be assignable or transferable, either as to the named permittee or the
location specified herein. The permit shall automatically terminate upon any
attempted transfer thereof, or upon any sale or transfer of the property, if the permit
was issued to the owner thereof, or upon any termination or assignment of the lease
or other right of possession, if the permit was issued to the occupant of the property,
or if, by reason of any other circumstances, the massage establishment is not being
operated or managed by the person to whom the permit was issued.
(b) Certification A certificate of registration issued pursuant to this Article
shall not be assignable or transferable and any attempted transfer thereof shall
automatically invalidate the certificate.
4- 55.110 Reserved.
17
rm ups
4- 55.120 Inspection by officials.
Any and all investigating officials of the City shall have the right to
enter massage establishments from time to time during regular business hours to
make reasonable inspections to observe and enforce compliance with building, fire,
electrical, plumbing, or health regulations, and to ascertain whether the provisions of
this chapter are being complied with.
4- 55.130 Suspension and revocation of permits.
(a) Suspension and revocation of massage establishment
permit, managing employee permit, massage practitioner permit or the
temporary massage practitioner permit. The City Manager may suspend for a
period of up to one year, modify or revoke a permit(s) if there is reasonable cause to
believe that:
(1) The permit hold has operated or managed the massage
establishment or provided services in a manner which violates any
provision of this Article, state law, federal lave, or other applicable City
Code provisions;
(2) The permit holder has committed any offense involving
lewdness, indecent exposure, prostitution, or any other offense which
would be grounds for denial of an application, or employees of the
establishment have committed such offenses in the course of their
employment and the permit holder has permitted them to do so, or
failed to prevent them from doing so. The employer shall be responsible
for those acts of its employees and massage practitioner which are done
in the course and scope of their employment;
(3) The permit holder made a materially false or misleading
statement, or omission of fact on any application, or in any
supplementary materials submitted;
(4) The permit holder is operating or managing the
establishment, or providing services in a manner which poses a danger to
the health and safety of employees, clients, and/or the public, or without
due regard for proper sanitation or hygiene;
(5) Any violation of this Article or state law by any person has
DRAFT
occurred on the premisses, and has not been prevented by the managing
employee thereof;
(6) In the case of a permit issued subject to conditions that
any person making use of such permit is violating or has violated any
conditions set forth therein; or...
(7) That an inadvertent error or omission in establishing the
original conditions requires modifying or adding to such conditions, but
a permit or certificate shall not be revoked because of such error or
onussion; or
(8) That any of the findings required under subsection 4-
55.080 can no longer be made.
(b) Procedure for suspension or revocation of massage
establishment permit, managing employee permit, massage practitioner
permit, or temporary massage practitioner permit.
(1) Notice to holder of permit. Whenever the City Manager
has reasonable cause to believe that grounds for the suspension or
revocation of a permit exists, he/she shall give the holder of the permit
written notice stating the alleged grounds for the suspension or
revocation and the effective date of the suspension or revocation. This
notice will be by certified mail, return receipt requested, and/or hand
delivered to the managing employee, and shall provide the permit holder
with information on the appeal process.
(2) Appeal hearing. A revocation, modification or
suspension of a permit may be appealed in accordance with the
provisions of Section 4- 55.150 and 4- 55.155. Upon receipt of a request
for an appeal hearing; the City manager shall notify the permit holder in
writing of the date, time, and place of the hearing, which shall not be
less than five (5) working days after the service of the notice, by deposit
of the notice by certified mail.
At the hearing, the holder of the permit shall have the right to
appear and be represented by counsel and to present evidence and
arguments which are relevant to the grounds for the appeal, as stated in
the written request for an appeal hearing.
19
DRAY
(3) Surrender of suspended or revoked permit or
certificate. Upon a written decision of the Appeals Board which
suspends or revokes a permit the holder of the permit shall surrender the
permit to the City Manager immediately after service of the notice of
the written decision.
(4) In lieu of revocation of a permit, if the Appeals Board finds
that any of the grounds in paragraphs (6) (8) exist, the Board may
modify any existing conditions of the permit and impose any new
conditions it deems necessary or appropriate to correct the situation.
4- 55.140. Operating requirements for massage establishments.
Unless otherwise specified herein, all establishments shall comply with
the following operating requirements:
(a) Exterior signs. A recognizable and legible sign shall be posted at
the main entrance identifying the business as a massage establishment. In addition,
the sign shall comply with the City sign ordinance.
(b) Posting of massage establishment permit, managing
employee permit, and massage practitioner permit. A copy of the massage
establishment permit, managing employee permit(s), and massage practitioner
permit(s), shall be posted in a conspicuous place in such a manner that it can easily
be seen by persons entering the establishment. Passport-size photographs shall be
affixed to the respective managing employee permit(s) and massage practitioner
permit(s) on display;
(c) Designation of managing employee. If the holder of the
massage establishment permit does not personally manage the business during all
hours of operation, he/she shall designate one or more managing employee(s) who
shall be in charge of the operation of the business during his/her absence. If the
managing employee(s) will personally give massages at the business, he/she must
obtain a massage practitioner permit;
(d) Dressing room. Clients of the massage establishment shall be
furnished with a dressing room. Dressing rooms will be used only by clients of the
same sex at the same time, and no employees will be present. Dressing rooms need
not be separate from the room in which the massage is being performed;
20
DRAF s
(e) Doors to be unlocked. All doors, except rest room doors, will be
kept unlocked at all times during business hours. Doors to all dressing and massage
rooms shall be kept unlocked at all times. There shall be no locking devices on the
doors to rooms in which massages are performed;
(f) Posting of services available and fees. A list of all services
available and their corresponding fees, shall be posted r VVE C in a conspicuous
place in such a manner that it can easily be seen by persons entering the
establishment. No other services, other than those posted, will be provided;
(g) Payment/tips. Payment for massage services, and any tips, shall
be paid for, at the designated reception area, of the business establishment;
(h) Alcohol prohibited. No alcoholic beverages may be located on
the premises of the massage establishment while the business is open for the practice
of massage;
(i) Maintain written records. Every massage establishment shall
maintain written records which include the date and hour of each service provided,
the full legal name and street address of each client and type of services received, and
the name of the massage practitioner administering the service. These records shall
be kept on the business premises and shall be open to inspection by officials upon
request, including the Sheriff, City Manager and City Attorney, charged with the
enforcement of this Article. These records will be kept for a period of at least six (6)
months;
(j) Standard of dress for massage establishment employees.
The holder of the massage establishment permit, managing employees, massage
practitioners, and all other employees of the massage establishment shall remain fully
clothed in clean outer garments while on the premises on the massage establishment.
At a minimum such clothing shall be made of nontransparent material and shall not
expose the buttocks, genital area; or breasts of any employee or permit holder at any
time. Bikini swimsuits and halter tops shall not be accepted;
(k) Operating hours. No massage establishment shall be kept open
for business and no massage practitioner shall administer massages after the hour of
10:00 p.m. or before the hour of 7:00 a.m. Operating hours may be further restricted
by the City Manager pursuant to Section 4- 55.080(d);
21
CRAFT
(1) Mirrors prohibited. In general, mirrors are prohibited in rooms
where massages are performed; however, one full length or small mirror may be
mounted vertically to the wall, not less than twenty (20 inches from the floor;
(m) Lighting required. Massage establishments will be well lighted
at all times during business hours. Rooms where massage services are provided will be
adequately lighted when occupied.
4- 55.150 Board of Appeals.
(a) Appointed By City Council In order to hear and decide appeals
of orders, decisions or determinations made by the City Manager relative to the
application and interpretations of this Article, there shall be and is created a Board of
Appeals consisting of members appointed by the City Council. The City Manager
shall be an ex officio member and shall act as Secretary to said Board but shall have
no vote upon any matter before the Board. The Board shall adopt rules of procedures
for conducting its business and shall render all decisions and findings in writing to the
appellant, with a duplicate copy to the City Manager. Copies of all rules or
regulations adopted by the Board shall be delivered to the City Manager, who shall
make them freely accessible to the public.
(b) No Waiver Authority The Board of Appeals shall have no
authority to waive requirements of this Code.
4- 55.155 Appeal of notice and order.
(a) Content of Ate Any person entitled to service under this
Article may appeal from any notice and order or any action of the City Manager by
filing with the office of the City Manager a written appeal containing:
(1) A street address and a description sufficient for
identification of thecproperty and the affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement in ordinary and concise language of the
specific order of action protested, together with any material facts
claimed to support the contentions of the appellant.
(4) A brief statement in ordinary and concise language of the
22
L,,K&,XT
relief sought and the reasons why it is claimed the protested order or
action should be reversed, modified or otherwise set aside.
(5) The signatures of all parties named as appellants and their
official mailing addresses.
(6) The verification (by declaration under penalty of perjury)
of at least one appellant as to the truth of the matters stated in the
appeal.
The appeal shall be filed within ten days from the date of service
of such notice and order or action of the City Manager.
(b) Fixing Date. Time and Place of Hearing As soon as practicable
after receiving the written appeal, the Secretary of the Board of Appeals shall fix a
date, time and place for the hearing of the appeal by the Board. Such date shall not
be less than five working days nor more than 30 working days from the date the
appeal was filed with the City Manager. Written notice of the time and place of the
hearing shall be given by certified mail at least five working days prior to the date of
the hearing to each appellant by the Secretary of the Board either by causing a copy
of such notice to be delivered to the appellant personally or by mailing a copy
thereof, postage prepaid, addressed to the appellant at the address shown on the
appeal.
.(c) Failure To File Al2 Failure of any person to file an appeal in
accordance with the provisions of this Section shall constitute a waiver of the right to
an administrative hearing and adjudication of the notice and order or any portion
thereof.
(d) Issues Limited Only those matters or issues specifically raised
by the appellant shall be considered in the hearing of the appeal.
4- 55.160 Notice of employees' status.
Every person holding a permit issued pursuant to this Article shall report
immediately in writing to the City Manager the employment or termination of
massage practitioners and/or managing employees practicing in such establishment.
23
DRAFT
4- 55.170 Massage establishment sanitary conditions.
All premises and facilities of the massage establishment shall be
maintained in a clean and sanitary condition and shall be thoroughly cleaned after
each day of operation. The premises and facilities shall meet applicable code
requirements of the City, including but not limited to those related to the safety of
structures, adequacy of the plumbing, heating, ventilation, and waterproofing of
rooms in which showers, water, or steam baths are used.
All massage establishments shall comply with the following
requirements:
(a) Tub. Shower. Toilet. Wash Basin A minimum of one tub or
shower, and one toilet and wash basin shall be provided.
(b) Cabinets Cabinets or other covered space shall be provided for
the storage of clean linen. Approved receptacles shall be provided for the storage of
all soiled linen and paper. towels.
(c) Lavatories. Wash Basins All lavatories or wash basins shall be
provided with hot and cold running water, soap and single service towels in wall
mounted dispensers.
(d) Security Deposit Facilities Security deposit facilities capable of
being locked by the patron or a security bag that may be carried by the patrol shall be
available for the protection of the valuables of patrons.
(e) Sanitary Condition Every portion of a massage establishment,
including appliances and apparatus, shall be kept clean and operative in a sanitary
condition.
(f) Clean Towels. "Sheets and Linens All massage establishments
shall be equipped with clean and sanitary towels, sheets and linens in sufficient
quantity. Towels, sheets and linens shall not be used by more than one person.
Reuse of such linen is prohibited unless the same has first been laundered. Heavy
white paper may be substituted for sheets; provided that such paper is used once for
each person and then discarded into a sanitary receptacle.
(g) Physical Facilities In Good Repair All walls, ceilings, floors,
pools, showers, bathtubs, and all physical facilities must be in good repair and
24
maintained in a clean and sanitary condition. Wet and dry teat rooms, steam or
vapor rooms or steam or vapor cabinets, shower compartments and toilet rooms shall
be thoroughly cleaned and disinfected each day the business is in operation.
(h) Disinfecting ,Agents Disinfecting agents and sterilizing
equipment shall be provided for any instruments used in performing acts of massage
and said instruments shall be disinfected and sterilized after each use.
(i) Pads. Washable Pads used on massage tables shall be covered
with durable, washable plastics or other acceptable waterproof material.
(j) Posting of Prices Each service offered, the price thereof, and the
length of time each service shall be performed shall be posted in a conspicuous
location. All letters and numbers shall be capitals, and not less than one -half inch in
height.
(k) Privacy Standards for Massage Roots. Dressing Rooms and Rest
R ooms. Dressing rooms and rest rooms may only be used by clients of the same sex
at the same time. The massage establishment shall provide doors for all dressing
rooms, rest rooms, and massage rooms. Draw drapes, curtain enclosures, or
accordion pleated enclosures are acceptable in lieu of doors for dressing rooms and
massage rooms.
4- 55.180 Hot tub /sauna, tanning establishment and operation
requirements.
Massage services shall not be given or made available to patrons at hot
tub /sauna or tanning establishments, unless the establishment has obtained and
maintained in effect a massage establishment permit for the hot tub /sauna, or tanning
establishment. Hot tub /sauna or tanning establishments which offer massage services
must comply with all provisions of this Article. Massages shall not be given in any
rooms or areas in which a hot tub,' sauna, shower, or jacuzzi is located, or in wet and
dry heating rooms, tanning rooms, steam or vapor rooms, or cabinets, or bathrooms.
All employees of the hot tub /sauna or tanning establishment who engage in the
practice of massage must first obtain and maintain in effect a massage practitioner
permit pursuant to this Article.
25
4- 55.190 Prohibited acts.
D R AFT
(a) Touching of sexual and genital parts of client during
massage. No holder of a massage establishment permit, managing employee permit,
massage practitioner permit, temporary massage practitioner or any other employee
of a massage establishment shall place either-his/her hand or hands upon, or touch
with any part of his/her body, or with a mechanical device, a sexual or genital part of
any other person in the course of a massage, or massage a sexual or genital part of any
other person. Sexual and genital parts shall include the genitals, pubic area, anus, or
perineum of any person.
(b) Uncovering and exposure of sexual and genital parts of
client before, during or after massage. No holder of a massage establishment
permit, managing employee permit, massage practitioner permit or any other
employee of a massage establishment shall uncover and expose the sexual or genital
parts of a client or themselves while engaged in the practice of massage, or before or
after a massage. This subsection does not prohibit a client from turning over in the
course of a massage, so long as the massage practitioner holds a towel, sheet, blanket,
or other drape over the client to protect his/her genital and sexual parts from
exposure. If the client exposes genital area, the practitioner shall immediately direct
the client to re -cover him/herself. If the client refuses to comply, the massage
practitioner shall inform the client that no further massage will be provided and the
client will be asked to leave the premises. If the client refuses to leave the premises,
the massage practitioner must immediately leave the room and notify the managing
employee.
(c) Outcall massage services. It shall be unlawful for any massage
establishment permittee or massage practitioner to provide outcall massage services
within the City unless it occurs at the client's residence, and the client possesses a
referral from a licensed chiropractor or physician stating that treatment in a licensed
massage establishment is not recommended and the medical reason why it is not
recommended, or at a business esfablishment in which clients shall be owners and
employees of the business and the massage treatment consists of 'a "business massage"
as defined in Section 4- 55.010(a). A record of every such referral shall be obtained
and kept by the person rendering the service for a period of one year from the date of
referral. Such record shall show the full legal name and street address of the doctor or
chiropractor, the date, and any prescription number. Massage practitioners providing
outcall massage must also comply with Section 4- 55.140, subsections (h), (j), (k), and
(m).
26
DRAFT
4- 55.200 Application of this Article to preexisting massage
establishments and persons engaged in the practice of
massage.
Except as otherwise provided herein, the provisions of this chapter shall
become applicable to massage establishments -and persons engaged in the practice of
massage which lawfully existed in the City prior to the effective date of this Article.
In order to comply with this Article, the business license holder must
apply within thirty (30) days of the effective date of this Article, file an application
for a permit, pursuant to this Article, pay all applicable fees and demonstrate, to the
satisfaction of the City Manager, that he/she meets all requirements of this Article.
Those persons who do not possess a preexisting business license for the
purpose of massage services, must first obtain a massage establishment or massage
practitioner permit, before applying for a business license with the City of Saratoga.
4- 55.210 Violations of Article; penalties.
The violation of any provision of this Article, or the violation of any condition
of a permit or certificate issued hereunder, shall constitute a misdemeanor and a
public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The
enforcement of this Article pursuant to Chapter 3 shall be in addition to any
proceedings conducted under Section 4- 55.130 to amend or revoke a permit or
certificate of any proceedings conducted under Article 4 -05 of this Chapter to revoke
a business license by reason of the same violation."
ter•
WA
This Ordinance shall be in full force and effect thirty (30) days after 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 at a regular meeting
of the City Council of Saratoga held on the day of 1997, by the
following vote.
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
City Clerk
MSR:DSP•.kag
October 22, 1997
J:\WPD\MNRSW\273\ORD.97\MMSAGEAPL
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9 TY T A
C I o f SARA O G
n®d(b 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 865 -1300
COUNCIL MEMBERS:
Stan B000slan
Pau! E. Jacobs
Gillian Moran
Jim Shaw
Donald L Wolfe
October 27, 1997
Peggy Wynne Borgman
Preston Wynne
14567 Big Basin Way
Saratoga, California 95070
Re: Proposed City of Saratoga Massage Establishment Ordinance
Dear Massage Establishment Owner /Representative:
Thank you all for attending the September 30, 1997, meeting at City Hall regarding the
proposed Massage Establishment Ordinance. The purpose of this letter is to review with you the
concerns that were raised at that meeting and the responses to those concerns from the City and
from Captain Bob Wilson of the Santa Clara County Sheriff's Department; and to advise you of
the next step in the process of consideration of this ordinance.
The concerns raised over the proposed Ordinance at the September 30, 1997, meeting and
the responses to those concerns were:
(1) CONCERN:
One concern was whether the "practical examination" requirement set forth on
page 12 of the proposed ordinance could be expanded to allow certification by the
National Certification Examination For Therapeutic Massage and Body Work in
lieu of the requirement of having to pass the practical examination required by the
proposed ordinance.
RESPONSE:
In response to this concern, it was noted after the meeting that the ordinance does
provide for such certification in lieu of the practical examination. That in lieu
certification is set forth in Section 4- 55.060(a)(5)(i) on page 12.
Printed on recycled paper.
October 27, 1997
Page 2
(2) CONCERN:
The question was asked whether there was any way to "grandfather" existing
massage practitioners from having to meet the educational requirements set forth
in Section 4- 55.040, on page 6.
RESPONSE:
In response to this concern, the City with Captain Wilson's concurrence, has
agreed to modify the ordinance to allow massage practitioners who have been
properly licensed by the City and employed within the City for at least one year
before the effective date of this ordinance, to be exempt from the educational
requirements, so long as they meet the practical examination or National
Certification Requirements set forth in the ordinance on page 12.
(3) CONCERN:
A concern was raised that the ordinance should not allow experience under the
direct supervision of a "physician" or "chiropractor" as a substitute for the
educational requirement of Section 4- 55.040.
RESPONSE:
The City is in agreement and reference to "physician" and "chiropractor" has been
deleted.
(4) CONCERN:
There were concerns raised regarding whether or not outcall massage services are
prohibited, even with a medical referral.
RESPONSE:
Section 4- 55.190(c) on page 26 does allow outcall massage services at a client's
residence when there is a medical referral.
(5) CONCERN:
A concern was raised whether the term "business massage" which is defined in
Section 4- 55.010(a) is used at all in the ordinance.
October 27, 1997
Page 3
RESPONSE:
That term is used in Section 4- 55.190(c) on page 26.
(6) CONCERN:
A question was raised whether alcohol, which is otherwise prohibited from being
on the premises during operating hours, could be served, if served with meals?
RESPONSE:
The State Alcoholic Beverage Control Agency determines when alcoholic
beverages may be allowed on commercial premises. The understanding of the City
is that the Alcoholic Control Beverage Act prohibits the serving of alcoholic
beverages at commercial establishments open to the general public, such as a
massage establishment, unless a license or permit is obtained from the Bureau of
Alcohol, Tobacco and Firearms.
(7) CONCERN:
A question was asked whether doors that are required to remain unlocked during
business hours could be locked for the purpose of allowing patrons to change into
and out of their street clothing.
RESPONSE:
After discussion with Captain Wilson, the City has determined that to allow the
doors to be locked at certain times would defeat the purpose of requiring the doors
to be kept unlocked during business hours. The purpose of requiring the doors to
remain unlocked at all times during business hours is to discourage unlawful and/or
unprofessional activities.from taking place.
(8) CONCERN:
A question was raised whether the City would accept overseas education training
and perhaps have a company evaluate the training received overseas by a massage
practitioner applicant.
RESPONSE:
After discussion with Captain Wilson, the City has determined that it would be
virtually impossible to verify education received outside the United States. Only
October 27, 1997
Page 4
education received in the United States as set forth in the proposed ordinance will
be accepted.
(9) CONCERN:
A concern was raised over whether all fees must actually be posted, or whether
they could simply be available to patrons.
RESPONSE:
The ordinance has been modified to allow for fees being posted or being available
to patrons (see subsection (f), page 21).
One additional modification was made. That was to expand the definition of "massage" as
shown in subsection (e), page 2. The reason for this expansion is so the City is prepared to deal
with the types of activities listed, which currently are becoming prevalent in other surrounding
cities.
As you can see from the responses to concerns raised at the meeting, the City has
attempted to modify and/or clarify the provisions in the ordinance so that it is as equitable as
possible while still accomplishing the stated goal of ensuring that massage services offered in the
City of Saratoga are offered by qualified and trained massage practitioners and conducted in a
lawful and professional manner. Your comments and concerns were very helpful, and we believe
that the modifications made have improved the workability of the ordinance.
A copy of the ordinance, as modified, is attached for your information. The ordinance
will be brought to the City Council in the very near future for consideration. You will be notified
by separate letter of the date of the Council meeting.
Thank you for your continued professionalism and cooperation in this matter.
Very truly yours,
Paula Reeve
c: xarry Perlin, Interim City Manager
Michael S. Riback, City Attorney
Robert Wilson, Captain, Sheriffs Dept.
J: \WPD\MNRS W \273\01\LTR\OCTV?\MASSAGE.LTR
i
MINUTES
r' f
SARATOGA CITY COUNCIL
TIME: Wednesday, January 21, 1998 5:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
SPECIAL MEETING
Administration Conference Room
5:00 p.m. Closed Session
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Possible exposure to litigation pursuant to Government Code Section
54956.9(b) in one case.
5:30 p.m. Open Session Interviews with Finance Commission
Applicants Gorelik and Swan
Councilmembers conducted the interviews. There was consensus to
appoint Mr. Swan.
6:00 p.m. Closed Session
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Possible initiation of litigation pursuant to Government Code Section
54956.9(c) in two cases.
Civic Theater Lobby
6:45 p.m. Open Session Photo Session
REGULAR MEETING
Civic Theater
Mayor's Report on Closed Session Mayor Wolfe reported that no action
had been taken in the closed session.
7:30 Pledge of Allegiance Led by a Saratoga High School student.
1. ROLL CALL
Councilmembers Bogosian, Jacobs, Shaw, Moran, and Mayor Wolfe were
present. Also present were City Manager Perlin, City Attorney Riback,
and Deputy City Clerk Cory.
2. CEREMONIAL ITEMS
A. Resolution appointing Frank Friedrich to Parks and
Recreation Commission
MORAN /JACOBS MOVED TO ADOPT RESOLUTION 98 -01. Passed 5 -0.
B. Administration of Oath of Office to Mr. Friedrich
Mr. Friedrich took the oath.
C. Proclamation commending Bill Cooper as 1997 Saratoga
Outstanding Business Person of the Year
MORAN /JACOBS MOVED TO APPROVE THE PROCLAMATION. Passed 5 -0.
3. REPORT OF CITY CLERK ON POSTING OF AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on January 16.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS None.
B. COMMUNICATIONS FROM COMMISSIONS None.
C. WRITTEN COMMUNICATIONS
1) Letter from Rina Faletti, County Social Services
Agency, requesting appointment of Child Care
1I
City Council Minutes 2 January 21, 1998
Coordinator
There was consensus to direct staff to recruit an individual from the
community who is willing to represent Saratoga. In the interim, Bob
Best of the Los Gatos Saratoga :Recreation District will be asked to
represent Saratoga for six weeks, including attendance at the February
9 meeting.
City Manager Perlin stated that he believed Mr. Best would be willing
to do so.
S. CONSENT CALENDAR
A. Previously- Discussed Items None.
B. New Items
Councilmember Shaw removed Item 7.
JACOBS /SHAW MOVED TO APPROVE THE CONSENT CALENDAR EXCEPT FOR ITEM 7.
Passed 5 -0.
1) Planning Commission Actions, 1/14 Note and file.
2) Finance Commission Minutes, 12/16 Note and file.
3) Youth Commission Minutes, 12/1 Note and file.
4) Memo Authorizing Publicity for upcoming Hearings No
hearing scheduled for February 4.
5) Approval of Check Register
6) Resolution 98 -02 approving Saratoga Avenue Walkway
Project, Phase II, and Authorization to file
application for TDA Article 3 Funds
7) Quarterly Report: to Regional Water Quality Control
Board on City NPDES Activity
Councilmember Shaw requested that a reference to the UCAP presentation
to the Council be added to the report.
MORAN JACOBS MOVED TO APPROVE ITEM 7, WITH THE DIRECTION TO STAFF
INCLUDED. Passed 5 -0.
C. CLAIMS AGAINST THE CITY None.
6. PUBLIC HEARINGS 8:00 pm.
Since the hour of 8:00 p.m. had not yet been reached, Mayor Wolfe
proceeded to items on the agenda following public hearings.
4. A. oral Communications (continued) and instructions to staff
regarding actions on current oral communications None.
7. OLD BUSINESS
A. Amended Proposal for Replacement of Work Stations in
Finance Department
City Manager Perlin reviewed the staff report. In response to
Councilmember Bogosian, he stated the auditors would probably work in
a conference room.
Councilmember Shaw noted that there had apparently been violations of
purchasing procedures which should. not be allowed to happen again. It
appeared that improper commitments were made by a former staff member
which would expose the City to embarrassment or litigation if not
honored. He believed that if the staff had sought more competitive
proposals the price would not be so high. He wished to develop a more
rigid purchasing system with more checks and balances.
City Council Minutes 3 January 21, 1998
JACOBS /SHAW MOVED TO APPROVE THE AMENDED PROPOSAL BY SPACE DESIGNS,
INC. IN THE AMOUNT OF $8,981.00. Passed 5 -0.
B. Anti- Loitering Ordinance
City Manager Perlin reviewed the staff report.
MORAN /SHAW MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING
FURTHER READING. Passed 5 -0.
S. NEW BUSINESS
A. Acceptance of Comprehensive Annual Financial Reports
City Manager Perlin reviewed the report._ In response to Councilmember
Moran, he stated that the Finance Commission had reviewed the internal
controls structure report.
JACOBS /BOGOSIAN MOVED TO ACCEPT THE REPORTS. Passed 5 -0.
B. Saratoga Public Financing Authority Financial Statements
At 7:50 p.m. the City Council meeting was adjourned; the meeting was
immediately reconvened as a meeting of the Saratoga Public Financing
Authority.
Directors Bogosian, Jacobs, Moran, Shaw and Chairperson Wolfe were
present.
MORAN /SHAW MOVED TO ACCEPT THE FINANCIAL STATEMENTS. Passed 5 -0.
At 7:51 the Saratoga Public Financing Authority meeting was adjourned;
the meeting was immediately reconvened as a meeting of the Saratoga
City Council.
Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were
present.
9. ROUTINE MATTERS
A. Approval of Minutes 1/7; 1/13; 1/15
JACOBS /SHAW MOVED TO APPROVE THE 1/7 MINUTES AS SUBMITTED. Passed 5-
0.
JACOBS /BOGOSIAN MOVED TO APPROVE THE 1/13 MINUTES AS SUBMITTED. Passed
5 -0.
JACOBS MORAN MOVED TO APPROVE THE 1/15 MINUTES AS SUBMITTED. Passed
4 -0 (Shaw abstaining because he had been absent).
10. CITY COUNCIL ITEMS
A. Agenda items for adjourned regular meeting 1/27
Quarterly Program and Major Project Review
Citizens Recognition
Mid -Year Budget Amendments
Reorganization Issues
Litigation Update Closed Session
Councilmember Shaw asked that written reports, rather than oral ones,
be submitted if it is not too much of a burden.
City Manager Perlin stated he would attempt to do so; the list might
need to be reduced to key projects.
Councilmember Moran asked that the staff keep a complete "laundry list"
so that items would not be forgotten at some point. She also asked
that estimated completion times be included in the reports and that the
Finance Commission work program be added to the agenda.
B. Other
I".
City Council Minutes 4 January 21, 1498
City Manager Perlin stated that the Route 85 Noise Mitigation Study
prepared for Caltrans had been completed and distributed copies to the
Council. He noted that it had been scheduled for the February 4
Council meeting.
He then reported that the Planning Commission retreat originally
scheduled for January 23 had been postponed to March. He believed it
might be possible to arrange a joint "Orchids and Onions" tour with the
City Council.
Since the hour of 8:00 p.m. had been reached, Mayor Wolfe returned to
the public hearing on the agenda.
A. Vessing Road Assessment District Protest Hearing
City Manager Perlin reviewed the staff report and noted that further
letters had been received in addition to those distributed with the
Council packet. They included a letter from Mr. Logan dated January
.16; from Mr. Jensen dated January 16; and from Mr. Kilburn dated
January 10. In addition, a petition signed by seventeen property
owners had been received. The petition requested continuation of the
hearing for 60 days to give the property owners an opportunity to
explore alternatives. In view of the overwhelming support for
continuing the hearing, Mr. Perlin recommended that the Council do so.
City Attorney Riback explained that the public hearing needed to be
opened and any public input accepted. The hearing could then be
continued if the Council wished to do so.
The public hearing was opened at 8:10 p.m.
Lawrence Jensen spoke as attorney for Lester Hinz. He said Mr. Hinz
agrees with many of the points in Mr. Logan's January 16 letter and
objects to the assessment district. He noted that the objections would
be moot if the Council agreed to continue the hearing and the property
owners were able to find an alternative to the district.
MORAN /JACOBS MOVED TO CONTINUE THE HEARING TO 8:00 P.M. ON APRIL 15.
Passed 5 -0.
City Manager Perlin stated that the ballots would remain sealed and
that anyone who wished to do so could submit a written request to the
City Clerk to change or withdraw a ballot.
Mayor Wolfe then returned to "Other" on the agenda.
10.A. (continued)
Councilmember Moran invited the Council and the public to attend a
meeting sponsored by the Bay Area Air Quality Management District on
January 29 concerning new federal air quality standards.
Mayor Wolfe congratulated the Saratoga Adult Care Center on their tenth
anniversary. He also thanked Dr. Marchelle Fox for hosting a reception
for the City Council on January 15.
11. ADJOURNMENT
The meeting was adjourned at 8:20 p.m. to 7:00 p.m. on Tuesday, January
27, at Adult Care Center, 19655 Allendale Avenue.
Respectfully submitted,
Grace E. Cory
Deputy City Clerk
1"
MINUTES
SARATOGA CITY COUNCIL
TIME: Tuesday, January 27, 1998 6:30 p.m.
PLACE: Adult Care Center, 19655 Allendale Avenue
TYPE: Adjourned Regular Meeting
SPECIAL MEETING FOR THE PURPOSE OF A CLOSED SESSION pursuant to
Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Name of cases: San Francisco Baykeepers v. Saratoga; San Francisco
Baykeepers v. California State Water Resources Control Bd.; Saratoga
v. West Valley Community College
(Clerk's note: The item below was added to the agenda as an urgency
item; it is a closed session matter pursuant to Government Code Section
54957.)
PUBLIC EMPLOYEE APPOINTMENT
Title: Interim Assistant City Manager
Mayor's Report on Closed Session Mayor Wolfe noted that the City
Council had taken one action during the closed session; he asked the
City Manager to report on it. City Manager Perlin stated that the City
Council had accepted his recommendation to approve an offer made by
Deborah Larson to serve as Interim Assistant City Manager effective
February 2, 1998, for an indefinite period; terms to be presented at
a later time.
1. Roll Call
The meeting was called to order at 7:10 p.m.
Councilmembers Bogosian, Jacobs, Shaw, Moran, and Mayor Wolfe were
present. Also present were City Manager Perlin, Interim Administrative
Services Director Larson, City Attorney Riback, Deputy City Clerk Cory,
Administrative Analyst Gonda, Administrative Analyst Jacobs, Finance
Commission Chair Ousley and Finance Commissioner Streit.
2. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on January 23. The notice of adjournment from the
January 21 Council meeting was properly posted on January 22.
3. Oral Communications from the Public on Non- Agendized Items
None.
4. Finance Commission Work Program
Chairperson Ousley and Commissioner Streit explained the various
sections of the Work Program and answered Councilmembers' questions.
Mr. Ousley reported that two members of the Finance Commission and two
members of the Parks and Recreation Commission were working as a
subcommittee on the Recreation Department cost recovery issues. He
then pointed out that the Teen Programs will not be included in their
analysis because they are a separate issue.
After discussion, there was consensus to request the Finance Commission
to collect similar information on the Teen Programs also.
Concerning the monthly financial reports, Mr. Ousley stated that the
new computer programs would allow the City to perform true monthly
budgeting.
Councilmembers were favorably impressed with the work program and the
priority order. They felt the Commission and staff had worked well
together and wished to be informed if the Commission wanted to adjust
the plan.
Interim Administrative Services Director Larson stated that the
computer system provides the required information, but formatting for
y
City Council Agenda 2 January 27, 1998
financial reporting might undergo an evolution through time.
Councilmember Moran stated that she wished to know if staff members
were using the new computer system or relying on previous programs.
5. Mid -Year :Budget Review
1) Second Quarter Financial Highlights
Interim Administrative Services Director Larson explained the documents
including the Results for the Quarter ended 12/31/97 and the Quarterly
Quarry Creek Trust Account Report. Also noted were the following
reports for December: Treasurer's Report, Financial Report, and
Investment Repor She stated that the General Fund was about $300,000
to the good. Amended reports will be presented to the City Council on
February 4.
2) Budget Amendment Resolution
Interim Administrative Services Director Larson explained the
resolution. City Manager Perlin noted that increased salaries as a
result of the Memorandum of Understanding were not included in the
resolution because salary savings were expected to offset the
increases.
SHAW /JACOBS MOVED TO APPROVE RESOLUTION 97- 29.03. Passed 5 -0.
6. Quarterly Program and Major Project Review
Most programs were covered in the City Manager's written report. Oral
reports were given as follows.
A. ALTRANS Project Update
Administrative Analyst Jacobs reported that the program had resulted
in a 20% trip reduction. She reviewed various activities and answered
Councilmembers' questions.
Councilmember Moran stated that St. Andrew's School had a van that
might be able to be used in the program.
B. Ideas for Content of Future Quarterly Meetings
Councilmember Shaw said he wished to see more timetable information in
the reports.
Councilmembers discussed how to obtain greater input from commissions.
There was consensus to invite the commission chairs to each quarterly
meeting, or perhaps every other quarterly meeting. A one -page report
should be included from each commission concerning their activities.
C. Reorganization Issues
City Manager Perlin reported on the staff meetings with Judy Sweet, the
consultant who had been hired to assist with transitional issues. He
explained the concerns that had been identified, as well as proposed
solutions. One concern had been that the reorganization was not
working well, partly because staff was stretched very thinly. He
presented a reorganization plan which would result in more staff
positions to meet the needs of the City while saving money because the
average salary would be lower.
Councilmembers discussed the advisability of approving a reorganization
without further opportunity for reflection and consultation with the
Finance Commission.
City Manager Perlin stated that it was very difficult to recruit for
the three management vacancies as the positions were now constituted:
Interim Public Works Director; Accounting Manager; and Administrative
Services Director. Administrative Analyst Gonda noted that only eight
applications had been received for Administrative Services Director,
which was far below a viable number for consideration.
City Council Agenda 3 January 27, 1998
BOGOSIAN /JACOBS MOVED TO AUTHORIZE THE CITY MANAGER TO CREATE JOB
DESCRIPTIONS AND PERFORM OTHER INTERNAL PAPERWORK BUT TO DELAY ANY
REORGANIZATION AND PUBLICIZING OF VACANCIES UNTIL SPECIFIC COUNCIL
APPROVAL. Passed 5 -0.
There was consensus to ask the Finance Commission to convene to review
the proposed reorganization and make recommendations to the City
Council as soon as possible.
E. City Council Items
7. self Evaluation of Previous Meeting 1/21
Councilmembers agreed that the meeting went well.
S. Ideas for Improvements to Quarterly Meeting Format
9. Agency Assignment Reports
Councilmembers reported on meetings they had attended and upcoming
projects.
10. Citizens Recognition
City Manager Perlin stated that the Council may wish to have staff
prepare a proclamation for Frank Dutro, a Heritage Preservation
Commissioner who had recently died. There was consensus to do so.
Deputy City Clerk Cory noted that Marilyn White had requested that a
proclamation be prepared for Marion Card, who had moved from the area
after many years of service to the City. There was consensus to direct
staff to prepare the proclamation.
She also reported that a Park Cleanup Day was scheduled for 300 Girl
Scouts in Saratoga; she will prepare letters to the troop leaders to
be signed by the Mayor.
Mayor Wolfe stated that various committees would need to be recognized
for their service to Saratoga.
11. Other
There was consensus to meet with State Senator Sher at 8:00 a.m. on
Friday, March 27, and with Assemblyman Cunneen at 8:00 a.m. on Friday,
March 20.
Councilmember Moran asked whether new warning signs had been installed
in Saratoga Creek. City Manager Perlin said they were being worked on,
and the estimated date of completion is March 31.
She then asked to be kept informed on the progress of the Orchids and
Onions tour with the Planning Commission.
She then remarked that the school district boundary discussion had
brought out the issue of inclusiveness. She asked what the City had
learned from the discussion. For instance, what is the Recreation
Department doing to communicate quickly with all Saratoga students at
all schools, even those outside Saratoga borders?
Councilmember Jacobs felt the real problem is Saratogans whose children
are excluded from the activities of Saratoga schools.
City Manager Perlin pointed out that the Recreation Department brochure
is mailed to all Saratoga households. Concerning distribution of
informational material, he believed some schools, such as Marshall Lane
School, may have a different policy for acceptance of such material.
Mayor Wolfe asked that the staff urge the schools to be as cooperative
as possible. Councilmember Moran suggested that when the Council has
joint meetings with school districts, the staff should invite
representatives from all school districts serving Saratoga children.
12. Adjournment
R
City Council Agenda
The meeting was adjourned at 10:12 p.m.
Respectfully submitted,
January 27, 1998
Grace E. Cory
Deputy City Clerk
k/
A SSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
DT: January 20, 1998 M E M O
TO: LARRY PERLIN, CITY MANAGER/CITY CLERK
City of Saratoga
FR: Debbi Nichols, Office of Communications and Government Affairs`
RE: General Assembly Meeting and Representation
Once again, it's time to get ready for the next General Assembly. Our Spring 1998 meeting
will be held on Friday, April 17, 1997 at the Berkeley Marina Mariott. Please enter this
meeting on your city's official calendar and ask your city counci! members and key
appointed officials to reserve this date in their schedules as well. We will be sending out a
brochure with program and registration details at the end of next month.
It is also time to update the General Assembly roster. Our records currently show your
representation as follows:
Delegate: Vice Mayor Donald Wolfe
Alternate: Mayor Gillian Moran
If this is correct, please indicate so below. If not, we request that you arrange for
appointments to be made at your next possible council or board meeting. Please notify us
of any changes in writing by February 13 (feel free to use the form below).
If you have any questions, please call me directly at (510) 464 -7965. Your assistance is
greatly appreciated. Thank you for your assistance!
GENERAL ASSEMBLY ROSTER CONFIRMATION: CITY OF SARATOGA
Please fill out this form, sign, and return to Debbi Nichols, fax 510464 -7970 by February 13,1998.
Thank you.
DELEGATE: Vice Mayor Donald Wolfe
Change Delegate to:
(print name and title)
ALTERNATE: Mayor Gillian Moran
Change Alternate to:
(print name and title)
THIS FORM WAS COMPLETED BY
(print name and title) DATE
0
ABAG
Mailing Address: P.O. Box 2050 Oakland, California 94604 -2050 (510) 464 -7900 Fax: (510) 464 -7970 info @abag.ca.gov
Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607 -4756