HomeMy WebLinkAbout10-21-2015 City Council agenda packet1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
OCTOBER 21, 2015
SPECIAL MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY
HALL, 13777 FRUITVALE AVENUE
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this agenda. The law generally prohibits the council from discussing or taking
action on such items. However, the Council may instruct staff accordingly regarding Oral
Communications under Council Direction to Staff.
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. Saratoga Historical Museum Foundation
Recommended Action:
Informational Only
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City
Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale
Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the
posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by
staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time
they are distributed to the City Council.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II]
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for public review on October 16, 2015 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
Signed this 16th day of October 2015 at Saratoga, California
Debbie Bretschneider, Acting City Clerk
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Saratoga Historical Museum Foundation
October 21, 2015 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Historical Foundation News &Upcoming Activities
6:45 p.m. Other Remarks & Wrap Up
Dinner is provided during the Joint Meeting.
The Regular City Council Meeting begins at 7:00 p.m. in the Civic Theater.
Joint meeting attendees are invited to attend the Regular Meeting and share
an overview of the joint meeting with the public during Oral Communications.
Table of Contents
Agenda 3
Commendation for 100th Anniversary of Hakone Estate and
Gardens
Staff report 8
Att A-Commendation 9
Presentation on Silicon Valley Turkey Trot
Staff report 10
City Council Meeting Minutes
Staff Report 11
Minutes for 10/7/2015 12
Review of Accounts Payable Check Registers
Staff Report 20
10/06/2015 Check Register 21
10/13/2015 Check Register 26
Treasurer’s Report for the Month Ended July 31, 2015
Treasurer’s Report for the Month Ended July 31, 2015 31
Second Reading of Amendments to City Code Article 4-55
Massage Establishments and Massage Practitioners
staff report 38
draft ordinance 39
Declaration of Surplus Vehicles and Authorization of Disposal
Staff Report- Surplus Vehicles 66
Cooperative Agreement for Joint Paving Work at the
Intersection of Saratoga-Sunnyvale Road and Prospect Road
Council Report Cooperative Agreement with City of
Cupertino for Joint Paving Work 67
Attachment 1 Cupertino Cost Sharing Agreement 68
Attachment 2 Site Map 79
Landscaping and Lighting Assessment District LLA-1;
Resolutions initiating renewal of the District for FY 16-17
Staff Report 80
ATT 1 -Resolution 82
ATT 2 -Resolution Appointing attorneys 85
Authorize the City Manager to Enter Into a Professional
Services Agreement with Godbe Research for Public Opinion
Polling for the Saratoga Village Plan Update Process
Staff Report 86
Att 1 - Resolution 90
Att 2 - Contract 91
Consider Partnership with Montalvo Arts Center to Display Art in
Public Spaces
Staff Report 121
Att A - 2003 Policy 123
Att B - Edible Dress 136
1
Letter to Congresswoman Eshoo Supporting Local Control
Staff Report 140
Draft Letter 141
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REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT
13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
The agenda for this meeting was properly posted on October 16, 2015.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this agenda. The law generally prohibits the Council from discussing or
taking action on such items. However, the Council may instruct staff accordingly regarding Oral
Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards & Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation for 100th Anniversary of Hakone Estate and Gardens
Recommended action:
Present the commendation to the Hakone Foundation President and Board.
SPECIAL PRESENTATIONS
2. Presentation on Silicon Valley Turkey Trot
Recommended action:
Receive presentation on the 2015 Silicon Valley Turkey Trot.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
OCTOBER 21, 2015
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CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted in
one motion, unless removed by the Mayor or a Council member. Any member of the public may
speak to an item on the Consent Calendar at this time, or request the Mayor remove an item
from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
3. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
October 7, 2015.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
10/06/2015: Period 4
10/13/2015: Period 4
5. Treasurer’s Report for the Month Ended July 31, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended July 31, 2015.
6. Second Reading of Amendments to City Code Article 4-55 Massage Establishments and
Massage Practitioners
Recommended action:
Waive the second reading and adopt the attached ordinance revising City Code Article 4-55
Massage Establishments and Massage Practitioners.
7. Declaration of Surplus Vehicles and Authorization of Disposal
Recommended action:
Move to declare the following vehicles as surplus and authorize their disposal:
1. 2006 1 Ton Dump Truck Vehicle # 110 (Street Division)
2. 2006 1 Ton Dump Truck Vehicle # 111 (Street Division)
3. 2006 1 Ton Dump Truck Vehicle # 112 (Parks Division)
8. Cooperative Agreement for Joint Paving Work at the Intersection of Saratoga-Sunnyvale
Road and Prospect Road
Recommended action:
Approve Cooperative Agreement for joint paving work at the intersection of Saratoga-
Sunnyvale Road and Prospect Road and authorize the City Manager to execute the same.
9. Landscaping and Lighting Assessment District LLA-1; Resolutions initiating renewal of the
District for FY 16-17
Recommended action:
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
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NEW BUSINESS
10. Authorize the City Manager to Enter Into a Professional Services Agreement with Godbe
Research for Public Opinion Polling for the Saratoga Village Plan Update Process
Recommended action:
Adopt a resolution authorizing the City Manager to enter into a professional services
agreement with Godbe Research for public opinion polling in support of the Saratoga Village
Plan Update Process for an amount not to exceed $28,670.
11. Consider Partnership with Montalvo Arts Center to Display Art in Public Spaces
Recommended action:
Provide direction to staff.
12. Letter to Congresswoman Eshoo Supporting Local Control
Recommended action:
Authorize Mayor Miller to sign the letter on behalf of the City Council.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA Board West Valley Cities Alternate
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Authority
Vice Mayor Manny Cappello
Council Finance Committee
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
Council Member Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Santa Clara County Library Joint Powers Authority
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
Saratoga Historical Foundation
Saratoga Sister City Organization
Council Member Rishi Kumar
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
Saratoga Chamber of Commerce & Destination Saratoga
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Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City
Council concurrently with the posting of the agenda are also available on the City Website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available
for public review at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II)
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Acting City Clerk for the City of Saratoga, declare that the foregoing
agenda for the meeting of the City Council for the City of Saratoga was posted on October 16,
2015, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 16th day of October 2015 at Saratoga, California.
Debbie Bretschneider, Acting City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City Video
Archives at www.saratoga.ca.us
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10/21 Regular Meeting – Joint Meeting with Historical Foundation
11/04 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board
of Trustees
11/18 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/02 Regular Meeting – Joint Meeting with Representative Low
12/16 Regular Meeting – Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative
Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2015
7
SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider,
SUBJECT: Commendation for 100th Anniversary of Hakone Estate and Gardens
RECOMMENDED ACTION:
Present the commendation to the Hakone Foundation President and Board
BACKGROUND:
The Hakone Estate and Gardens were created in 1915 by Mrs. Isabel Stine to be a summer retreat
and to recreate a Japanese garden. In 1966, Hakone was bought be the City o
city park.
The Hakone Foundation Board is celebrating this Centennial throughout 2015
ATTACHMENTS:
Attachment A – Commendation for the Hakone Estate and Gardens
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Anniversary of Hakone Estate and Gardens
the Hakone Foundation President and Board.
The Hakone Estate and Gardens were created in 1915 by Mrs. Isabel Stine to be a summer retreat
and to recreate a Japanese garden. In 1966, Hakone was bought be the City of Saratoga to be a
The Hakone Foundation Board is celebrating this Centennial throughout 2015-2017.
the Hakone Estate and Gardens
The Hakone Estate and Gardens were created in 1915 by Mrs. Isabel Stine to be a summer retreat
f Saratoga to be a
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
100TH ANNIVERSARY CELEBRATION
OF THE
HAKONE ESTATE AND GARDENS
WHEREAS, the Hakone Gardens property was originally the private estate of
Mr. Oliver and Mrs. Isabel Stine, San Francisco philanthropists; and
WHEREAS, Mrs. Isabel Stine visited the 1915 Pan-Pacific Exposition in San
Francisco and fell in love with the gardens at the Japanese pavilion; and
WHEREAS, in 1915, Mr. and Mrs. Stine purchased 15 acres in Saratoga as a
summer retreat and commissioned Naoharu Aihara of Japan to design a Japanese
garden on the land that Mrs. Stine called Hakone; and
WHEREAS, in 1966, the City of Saratoga purchased Hakone Gardens to be a
city park and the Hakone Foundation Board was organized to raise funds and
resources to restore and upgrade the historic buildings; and
WHEREAS, in 2004, Hakone Estate received the “Save America’s Treasure’s”
designation from the National Trust for Historic Preservation and since 2013, Hakone
Estate and Gardens has been on the National Register of Historic Places , which
recognizes Hakone Gardens as one of the oldest Japanese-style gardens in the Western
Hemisphere; and
WHEREAS, the Hakone Estate and Gardens were used for filming the
Academy Award winning movie, “Memoirs of a Geisha” during 2004-2005; and
WHEREAS, the Hakone Foundation is recognizing the 100th anniversary of the
creation of the gardens by celebrating from 2015-2017 with many public events and
special activities, such as the Gala Event that was held on September 27, 2015; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Saratoga does hereby recognize the Hakone Foundation Board and their contributions
to the community of Saratoga and the Hakone Estate and Gardens.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of
the City of Saratoga congratulates the Hakone Estate and Gardens on its 100th year as
a Japanese estate, retreat, and gardens.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
21st day of October 2015.
Howard A. Miller, Mayor
City of Saratoga
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SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider,
SUBJECT: Presentation on Silicon Valley Turkey Trot
RECOMMENDED ACTION:
Receive presentation by the Silicon Valley Leadership Group about
Turkey Trot.
BACKGROUND:
2015 is the 11th year of the running of the Silicon Valley Turkey Trot. This race is held in San
Jose on Thanksgiving morning and benefits local residents by d
with a total of $5 million donated so far. The Saratoga City Council has been participating in the
Mayor’s Cup competition for several years and won for Small City last year.
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Silicon Valley Turkey Trot
the Silicon Valley Leadership Group about the 2015 Silicon Valley
year of the running of the Silicon Valley Turkey Trot. This race is held in San
Jose on Thanksgiving morning and benefits local residents by donating money to local charities,
with a total of $5 million donated so far. The Saratoga City Council has been participating in the
Mayor’s Cup competition for several years and won for Small City last year.
2015 Silicon Valley
year of the running of the Silicon Valley Turkey Trot. This race is held in San
onating money to local charities,
with a total of $5 million donated so far. The Saratoga City Council has been participating in the
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SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for
7, 2015.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City C
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for the Special
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
City Council Meeting Minutes
Approve the City Council minutes for the Special and Regular City Council Meeting on
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
Minutes will be retained for legislative history and posted on the City of Saratoga website.
Minutes for the Special and Regular City Council Meeting on October 7, 2015
on October
Draft City Council minutes for each Council Meeting are taken to the City Council to be
ouncil approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
Minutes will be retained for legislative history and posted on the City of Saratoga website.
, 2015
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MINUTES
WEDNESDAY, OCTOBER 7, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
At 5:30 p.m., the City Council held a Joint Meeting with representatives of Saratoga Schools in
the Saunders Room at the Saratoga Senior Center at 19655 Allendale Avenue.
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Miller called the Regular Meeting to order at 7:03 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Howard Miller, Vice Mayor Manny Cappello, Council
Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Debbie Bretschneider, Acting City Clerk
Mary Furey, Finance & Administrative Services Director
Erwin Ordonez, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst
Kate Bear, Arborist
REPORT OF CITY CLERK ON POSTING OF AGENDA
Acting City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly
posted on October 2, 2015.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
None
Oral Communications - Council Direction to Staff
None
Communications from Boards and Commissions
None
Council Direction to Staff
None
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ANNOUNCEMENTS
Council Member Kumar announced that October 17 from 7 p.m. to midnight is the Dandia
Celebration at West Valley College Large Gym. http://www.saratogadandia.org/ He also
announced the November 14 Festival of Lights, www.saratogadiwali.org
Council Member Bernald announced that the Saratoga Historical Museum is having an October
18 fundraiser at Hakone Gardens. The money raised is going to fund a Blacksmith exhibit at the
museum. http://www.saratogahistory.com/ She also announced that the Witchy-Walk-About is
in the Village on October 31 from 1-4 p.m.
Council Member Lo announced that the Hakone Gardens on the 1st Tuesday of every month is
free admission for Saratoga residents, plus may bring 2 guests. Also, Saratoga based non-profits
can rent Hakone gardens during the week for 50% off rental. http://www.hakone.com/visit-
us/visitor-info.html
Vice Mayor Cappello announced that also on October 31 from 10 a.m. to 1 p.m. is the Health
and Wellness Expo, put on by the Senior Center. This is a free event with free health screenings
and flu shots and will be at the Joan Pisani Community Center.
http://www.sascc.org/community-events/
Mayor Miller showed the Fall Recreation Guide and highlighted the Reading Comprehension
class. http://www.saratoga.ca.us/cityhall/rec/default.asp
Mayor Miller also announced the Quarry Park grand opening on Oct. 31 at 10:30 a.m. with free
shuttle buses at 9:30 am in the Village up to the Quarry. There is not enough parking at the
Quarry! There will be give-aways of water bottles and logo pins. The Council is hoping that this
will be the first stage of Sea-to-Saratoga trail.
http://www.saratoga.ca.us/whatsnew/quarry_park.asp
CEREMONIAL ITEMS
1. Appointment of Park & Recreation Commissioner and Oath of Office
Recommended action:
Adopt the resolution appointing Renee Paquier to a full term on the Parks & Recreation
Commission ending September 30, 2019 and direct the City Clerk to administer the Oath of
Office.
RESOLUTION 15-060
CAPPELLO/BERNALD MOVED TO ADOPT THE RESOLUTION APPOINTING
RENEE PAQUIER TO A FULL TERM ON THE PARKS & RECREATION
COMMISSION ENDING SEPTEMBER 30, 2019 AND DIRECT THE CITY CLERK
TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
The Acting City Clerk administered the Oath of Office to Renee Paquier.
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2. Commendations for America in Bloom Volunteers
Recommended action:
Present the commendations.
The City Council presented commendations to the America in Bloom Entry Volunteers.
Former Mayor Jill Hunter announced that the City of Saratoga is an official America in
Bloom City.
SPECIAL PRESENTATIONS
3. Presentation on Rinconada Water Treatment Plant
Recommended action:
Receive presentation by staff of the Santa Clara Valley Water District on the Rinconada
Water Treatment Plant.
The City Council received the presentation by the Santa Clara Valley Water District. The
Director, Nai Hsueh, of the Santa Clara Valley Water District introduced Mike Munson,
Engineering Manager, who presented on the Rinconada Water Treatment Plant.
CONSENT CALENDAR
4. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
September 16, 2015.
CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON
SEPTEMBER 16, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
5. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
9/15/2015: Period 3
9/22/2015: Period 3
9/29/2015: Period 3
CAPPELLO/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS
FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 9/15/2015:
PERIOD 3, 9/22/2015: PERIOD 3, 9/29/2015: PERIOD 3. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
6. Second Reading of Procurement Ordinance Update
Recommended action:
Adopt Ordinance
ORDINANCE 332
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CAPPELLO/BERNALD MOVED TO ADOPT THE PROCUREMENT ORDINANCE.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
7. Second Reading of a Zoning Amendment to add a Planned-Combined Zoning District (P-C)
to an existing site at 13716 & 13718 Saratoga Road
Recommended action:
Waive the second reading and adopt the attached ordinance to add the Planned-Combined
Zoning District (P-C) to an existing site at 13716 & 13718 Saratoga Road (Sacred Heart
Church Parish).
ORDINANCE 333
CAPPELLO/BERNALD MOVED TO ADOPT THE ATTACHED ORDINANCE TO
ADD THE PLANNED-COMBINED ZONING DISTRICT (P-C) TO AN EXISTING
SITE AT 13716 & 13718 SARATOGA ROAD (SACRED HEART CHURCH PARISH).
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
8. Approve Donation from Saratoga-Monte Sereno Foundation for the October 31, 2015
Saratoga Quarry Park Grand Opening
Recommended action:
Authorize the City Manager to execute a donation agreement with the Saratoga-Monte
Sereno Foundation and accept a donation for $626.56 for the October 31, 2015 Saratoga
Quarry Park Grand Opening.
CAPPELLO/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A DONATION AGREEMENT WITH THE SARATOGA-MONTE
SERENO FOUNDATION AND ACCEPT A DONATION FOR $626.56 FOR THE
OCTOBER 31, 2015 SARATOGA QUARRY PARK GRAND OPENING. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
9. Saratoga Falcon Newspaper Correction
Recommended action:
Accept informational report.
Council Member Lo removed this item for the Consent calendar to commend the City staff
and the faculty at the Saratoga High Falcon newspaper for their quick action in removing an
incorrect article from the newspaper’s website. And to remind the student newspapers that
the Mayor is the official voice of the Council and the Mayor is available for interviews.
LO/BERNALD MOVED TO ACCEPT INFORMATIONAL REPORT. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
PUBLIC HEARINGS
10. Confirmation of Report and Assessment of Weed/Brush Abatement Program
Recommended action:
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Open public hearing, accept public testimony, close public hearing, and adopt resolution
confirming report and assessment of hazardous vegetation abatement charges.
Acting City Clerk Debbie Bretschneider presented the staff report and introduced Ray
Moreno from the Santa Clara County Weed Abatement Program to answer any questions.
Mayor Miller asked the Council for their questions to staff.
There were no questions for staff.
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION 15-061
BERNALD/ CAPPELLO MOVED TO ADOPT RESOLUTION CONFIRMING
REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT
CHARGES. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller wanted to remind all residents that defensible space is important in the City
especially after the fires that happened in California this year.
11. Amendments to City Code Article 4-55 Massage Establishments and Massage Practitioners
Recommended action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the ordinance to amend Article 4-55 Massage
Establishments and Massage Practitioners
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
Community Development Director Erwin Ordonez presented the staff report.
Mayor Miller asked the Council for their questions to staff.
Council Member Bernald asked if in the definitions section of the ordinance why the
definitions were in topic order instead of alphabetical order? Community Development
Director Ordonez stated that the corrected ordinance had fixed that problem.
Council Member Lo asked if law enforcement can do random inspections of massage
establishments. Santa Clara Valley County Sheriff Captain Sung stated that they inspect any
establishment that they have received complaints about.
Mayor Miller invited public comment on the item.
No one requested to speak.
Further discussion by Council.
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Council Member Lo stated that she supports the permit process and glad to have local
control. Proposes to add operating hours for 7 am to 10 p.m. to ordinance. City Attorney
Taylor stated that the ordinance includes “no massages between 10 p.m. and 7 a.m.”
LO/CAPPELLO MOVED TO INTRODUCE AND WAIVE FIRST READING OF THE
ORDINANCE TO AMEND ARTICLE 4-55 AS REVISED IN THE DESK ITEM
PRESENTED TO COUNCIL WITHOUT THE STAFF NOTATIONS IN THE
MARGINS AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE
CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
OLD BUSINESS
None.
NEW BUSINESS
12. Local cities’ requirements for dead tree removal.
Recommended action:
Receive report and provide direction to staff.
Arborist Kate Bear presented the staff report.
Mayor Miller asked to start the discussion as he had asked for this item to be brought to the
Council. Since everyone is worried about fire danger, the Council could add a provision to
the tree ordinance stating that a dead tree is a nuisance and to use code compliance to have
the tree removed.
Council Member Lo asked if owners have to replace the tree. Arborist Bear said that yes they
have to replace it with a 15 gallon tree.
Mayor Miller invited public comment on the item.
No one requested to speak.
BERNALD/CAPPELLO MOVED TO ADD A DEFINITION FOR A DEAD TREE AS A
NUISANCE IN THE CITY CODE THAT IS NOT IN ZONING REGULATIONS
(CHAPTER 15) AND TO BRING AMENDMENT TO THE CITY CODE BACK TO
COUNCIL FOR ADOPTION. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Mayor Miller invited all students to come up on stage.
13. Participation in a County-Wide Housing Nexus Study
Recommended action:
Adopt resolution authorizing City participation in a County-wide Housing Nexus Study
Community Development Director Erwin Ordonez presented the staff report.
17
Page 7 of 8
Mayor Miller invited public comment on the item.
No one requested to speak.
RESOLUTION 15-062
CAPPELLO/BERNALD MOVED TO ADOPT RESOLUTION AUTHORIZING CITY
PARTICIPATION IN A COUNTY-WIDE HOUSING NEXUS STUDY. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Cities Association of Santa Clara County –meeting tomorrow. Review of Senator Beall’s
Transportation initiative.
VTA Board West Valley Cities Alternate –Highway 85 Task Force has not had a meeting yet.
West Valley Cities asked the VTA for studies from the letter they recently sent on mass transit.
VTA staff is putting together a proposal for a year-long study. With a second in-depth analysis
taking another 2 years.
Vice Mayor Manny Cappello
Hakone Foundation Board - Jacob, Master Gardener, will be going to Japan for 3 weeks to work
on the Tsunami memorial. Partially paid for by Sister City group.
Saratoga Area Senior Coordinating Council (SASCC) –2 meetings ago, the Executive Director
presented a balanced budget. The Renovation plan for the Senior Center is complete, now need
to raise money. At last week’s meeting, approved funding for a study from fundraising
consultants to see if money can be raised for the renovations. Health Fair on October 31 from 10-
2 at Joan Pisani Community Center.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee –Centennial Gala was well attended. Net
proceeds $18,000. Hakone rental 50% off for non-profits on weekdays.
Santa Clara County Library Joint Powers Authority –Friends of the Library working with the
City’s Recreation Department to have a Friend of the Library bookshelf with books for sale in
the Recreation Department lobby.
Council Member Mary-Lynne Bernald
League of California Cities Conference –attended this 3-day conference.
Association of Bay Area Governments –conference call with ABAG coming up.
Saratoga Sister City Organization –membership is growing. Membership is $30 for individual,
$50 for family. New Mayor of Muko City is coming to visit Saratoga, possibly January 17-19,
2016.
Council Member Rishi Kumar
League of California Cities Conference –attended this 3-day conference.
CITY COUNCIL ITEMS
Council Member Kumar asked for the Council to consider making an enhancement to the
ordinance on cell towers.
18
Page 8 of 8
There was no second.
Mayor Miller responded that the ordinance on cell towers is a new ordinance and the City went
through a very public process which took several years to create this ordinance for Saratoga.
Council Member Kumar asked about having an emergency alert button on the Council dais
because of security concerns.
Mayor Miller suggested that staff to figure out how to make this happen.
Council Member Kumar saw information at the League of California Cities conference on
surveillance cameras that could possibly be used by the Lighting and Landscaping Districts.
There was no second.
CITY MANAGER’S REPORT
No report.
ADJOURNMENT
CAPPELLO/LO MOVED TO ADJOURN THE MEETING AT _9:34 P.M. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, Acting City Clerk
City of Saratoga
19
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
10/6/15 129145 129200 56 164,047.59 10/06/15 09/29/15 129144
10/13/15 129201 129238 38 161,997.43 10/13/15 10/06/15 129200
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
10/06/15 129153 PS 30,027.40
10/13/15 129207 Dino Turchet Construction PW 42,256.00
10/13/15 129214 George Bianchi Construction PW 30,701.02
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Sidewalk Repair
McFarland Curb
Fund Purpose
Animal Services
PREPARED BY:
SARATOGA CITY COUNCIL
MEETING DATE:October 21, 2015
DEPARTMENT:Finance & Administrative Services
Type of Checks Date
Accounts Payable
Accounts Payable
Issued to
N/A
Prior Check Register
Checks
Released
Total
Checks Amount
Reason Status
Starting Check #
CIP Streets Projects
CIP Streets Projects
10/13/2015: Period 4
10/06/2015: Period 4
City of San Jose General
Ending
Check #
20
21
22
23
24
25
26
27
28
29
30
SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended July 31, 2015
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended July 31, 2015.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of July 31, 2015, the City had $267,326 in cash deposit at Comerica bank, and $17,139,674 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of July 31, 2015 is $17,407,000 and
exceeds the minimum limit required.
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Unrestricted Cash
Comerica Bank 267,326$
Deposit with LAIF 17,139,674$
Total Unrestricted Cash 17,407,000$
Cash Summary
31
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 17,407,000$
Plus: Assets 1,049,582
Less: Liabilities (2,510,887)
Ending Fund Balance 15,945,695$
Adjusting Cash to Ending Fund Balance
32
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/15
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/15
General Fund
Restricted Fund Balances:
Environmental Services Reserve 363,182 - - - - - 363,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,657,896 - - - - - 1,657,896
Facility Reserve 900,000 - - - - - 900,000
Carryforwards Reserve 176,560 - - - - - 176,560
Unassigned Fund Balances: -
Working Capital Reserve 2,007,545 - - - - - 2,007,545
Fiscal Stabilization Reserve 1,000,000 - - - - - 1,000,000
Development Services Reserve 713,891 - - - - - 713,891
Compensated Absences Reserve 208,167 - - - - - 208,167
Other Unassigned Fund Balance Reserve (Pre YE distributio n 1,779,491 - 380,061 1,168,744 - - 990,808
General Fund Total 9,806,732 - 380,061 1,168,744 - - 9,018,049
Special Revenue
Landscape/Lighting Districts 867,643 - - 3,314 - - 864,330
Capital Project
Street Projects 1,041,388 - - 10,408 - - 1,030,981
Park and Trail Projects 888,565 - - 5,112 - - 883,453
Facility Projects 347,618 - - - - - 347,618
Administrative Projects 367,869 - 2,824 495 - - 370,198
Tree Fund Projects 56,248 - 450 - - - 56,698
Park In-Lieu Fees Projects 276,753 - - 40,809 - - 235,944
CIP Grant Street Projects 8,294 - - - - - 8,294
CIP Grant Park & Trail Projects 17,427 - - - - - 17,427
Gas Tax Fund Projects 854,615 - 83,704 - - - 938,319
CIP Fund Total 3,858,778 - 86,977 56,824 - - 3,888,932
Debt Service
Library Bond 906,600 - - 694,168 - - 212,433
Internal Service Fund
Liability/Risk Management 386,018 - - 180,623 - - 205,395
Workers Compensation 314,525 - - 40,390 - - 274,135
Office Support Fund 75,075 - 756 6,231 - - 69,600
Information Technology Services 260,322 - - 38,590 - - 221,732
Equipment Maintenance 115,564 - - 9,165 - - 106,399
Building Maintenance 268,326 - - 26,620 - - 241,706
Equipment Replacement 649,498 - - 612 - - 648,886
Technology Replacement 194,101 - - - - - 194,101
Building FFE Replacement - - - - - - -
-
Total City 17,703,181 - 467,796 2,225,281 - - 15,945,695
33
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/15
Street Projects
Annual Street Resurfacing - - - - - - -
Residential Street Construction 243,612 - - 5,565 - - 238,047
Roadway Maintenance and Repairs - - - 4,843 - - (4,843)
Roadway Safety & Traffic Calming 27,114 - - - - - 27,114
Highway 9 Safety Project - Phase IV 121,019 - - - - - 121,019
Village LED Streetlights 5,007 - - - - - 5,007
Annual Sidewalks Project 46,702 - - - - - 46,702
Annual Storm Drain Upgrade 9,352 - - - - - 9,352
Village-Streetscape Improvements 25,059 - - - - - 25,059
Village Sidewalk Curb & Gutter Construction - Phase II 85,281 - - - - - 85,281
EL Camino Grande SD Pump 150,000 - - - - - 150,000
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge 100,000 - - - - - 100,000
Quito Road Bridge Replacement Design 59,500 - - - - - 59,500
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,041,388 - - 10,408 - - 1,030,981
Parks & Trails Projects
Park/Trail Repairs 67,929 - - - - - 67,929
Hakone Garden Matching Funds 193,991 - - - - - 193,991
Hakone Garden Upper Moon House 125,000 - - - - - 125,000
Quarry Park Plan Implement 290,768 - - 5,112 - - 285,656
Quarry Park Row Acquisition 100,000 - - - - - 100,000
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Saratoga Village Creek Trail - Design 31,000 - - - - - 31,000
Total Parks & Trails Projects 888,565 - - 5,112 - - 883,453
Facility Projects
Facility Projects 43,500 - - - - - 43,500
Security Locks 53,007 - - - - - 53,007
City Hall Emergency Power Backup 325 - - - - - 325
Master Switch - Electrical Board 73,498 - - - - - 73,498
Civic Theater Improvements 87,882 - - - - - 87,882
Civic Theater Master Plan Improvements 64,900 - - - - - 64,900
Pre-School Playground Structure 10,458 - - - - - 10,458
McWilliams House Improvements - Phase II 3,578 - - - - - 3,578
Library Building Exterior Maintenance Projects 10,470 - - - - - 10,470
Total Facility Projects 347,618 - - - - - 347,618
34
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund Balance
7/1/15
Increase/
(Decrease)
Jul
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
7/31/15
Administrative Projects
Financial System Upgrade 3,534 - - - - - 3,534
COMB Document Imaging Project 57,894 - - - - - 57,894
Development Technology 22,928 - 2,824 - - - 25,752
LLD Initiation Match Program 49,000 - - - - - 49,000
Horseshoe Beautification 25,000 - - - - 25,000
General Plan Update 100,000 - - - - - 100,000
Village Façade Program 20,321 - - - - - 20,321
Village Specific Plan Update - - - 495 - - (495)
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 64,192 - - - - - 64,192
Total Administrative Projects 367,869 - 2,824 495 - - 370,198
Tree Fund Projects
Citywide Tree Planting Program 33,248 - 450 - - - 33,698
Tree Dedication Program 21,250 - - - - - 21,250
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 56,248 - 450 - - - 56,698
CIP Grant Street Projects
Highway 9 Safety Improvements Phase II - - - - - - -
Citywide Signal Upgrade I (924) - - - - (924)
Saratoga Ave Sidewalk 9,218 - - - - - 9,218
Village Phase II - Construction - - - - - -
OBAG School Sidewalk Repairs - - - - - -
Fourth Street Bridge - - - - - -
Quito Road Bridges - - - - - - -
Total CIP Grant Street Projects 8,294 - - - - - 8,294
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 4,618 - - - - - 4,618
Quarry Park Plan Implement - - - - - - -
Joe's Trail at Saratoga / De Anza 12,809 - - - - - 12,809
Saratoga Village Creek Trail - Design - - - - - - -
Total CIP Grant Park & Trail Projects 17,427 - - - - - 17,427
Park In-Lieu Fees Projects
Quarry Park Plan Implement 153,888 - - 40,809 - - 113,078
Saratoga Village Creek Construction 19,000 - - - - - 19,000
Unallocated Park Fees 103,865 - - - - - 103,865
Total park In-Lieu Fees Projects 276,753 - - 40,809 - - 235,944
Gas Tax Fund Projects
Annual Street Resurfacing 108,068 - 83,704 - - - 191,772
Prospect/Saratoga OBAG Improvement 544,825 - - - - - 544,825
Citywide Signal Upgrade II 99,769 - - - - - 99,769
Arroyo de Arguello Storm Drain 33,878 - - - - - 33,878
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
OBAG Big Basin Way S/WCG 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 854,615 - 83,704 - - - 938,319
Total CIP Funds 3,858,778 - 86,977 56,824 - - 3,888,932
35
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
36
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28
Quarterly Apportionment Rates
Local Agency Investment Fund
37
SARATOGA CITY COUNCIL
MEETING DATE: October 7, 2015
DEPARTMENT: Community Development
PREPARED BY: Erwin Ordoñez, Community Development Director
SUBJECT: Second Reading of
Establishments and Massage Practitioners
RECOMMENDED ACTION:
Waive the second reading and adopt
Massage Establishments and Massage Practitioners
BACKGROUND:
On October 7, 2015, the City Council
regarding Massage Establishments and Massage Practitioners
ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council.
ADVERTISING, NOTICING AND PUBLI
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after its adoption.
ATTACHMENTS:
Attachment A – Ordinance
SARATOGA CITY COUNCIL
, 2015
Community Development
Erwin Ordoñez, Community Development Director
Second Reading of Amendments to City Code Article 4-55 Massage
Massage Practitioners
Waive the second reading and adopt the attached ordinance revising City Code Article 4
Massage Establishments and Massage Practitioners.
, the City Council introduced amendments to City Code Article 4
Massage Establishments and Massage Practitioners and directed staff to place the
ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within 15 days after its adoption.
55 Massage
revising City Code Article 4-55
mendments to City Code Article 4-55
place the
ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
38
Page 1 of 2
ORDINANCE NO. __________
AN ORDINANCE AMENDING ARTICLE 4-55
OF THE SARATOGA CITY CODE CONCERNING
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
Findings
1. The City of Saratoga wishes to amend the provisions of the City Code concerning
massage establishments and massage practitioners in order to reflect recent
changes in State law, ensure adequate training of City-certified massage
practitioners, and provide for improved information sharing and inspection
procedures with massage establishments operating in the City.
2. The City Council of the City of Saratoga held a duly noticed public hearing on
October 7, 2015, and after considering all testimony and written materials
provided in connection with that hearing introduced this ordinance and waived the
reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth in Attachment 1. Text to be added is
indicated in double-underlined font (e.g., double-underlined) and text to be deleted is
indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this
ordinance.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
39
Page 2 of 2
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from
the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code address regulation of massage establishments and massage practitioners only
and would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of
the City of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the
regular meeting of the City Council of the City of Saratoga held on the 7th day of
October 2015, and was adopted by the following vote on October 21st, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Debbie Bretschneider
ACTING CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
711478.2
40
Page 1
Article 4-55
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
4-55.010 - Purpose.
4-55.020 - Definitions.
4-55.030 - Exemptions.
4-55.040 - Permit required for massage establishment, managing employee, and
massage practitioner.
4-55.050 - Educational and practical examination requirements for applicants intending
to engage in massage for massage practitioner, massage establishment and managing
employee permits. permit.
4-55.060 - Applications for massage establishment permit, managing employee permit,
massage practitioner permit and temporary massage practitioner permit.
4-55.070 - Processing of application, investigation.
4-55.080 - Action by city manager on permit application; grounds for denial. modified
4-55.090 - Permits nontransferable.
4-55.095 - Business license and permit or massage therapy certificate required. and
Massage Establishment Permit Required.
4-55.100 - Registration and notification requirements.
4-55.110 - Hours of operation.
4-55.120 - Prohibited advertising practices.
4-55.130 - Minors.
4-55.140 - Physical facility and building code requirements.
4-55.150 - Health and safety requirements.
4-55.160 - Attire and physical hygiene requirements.
4-55.170 - Inspection by government officials.
4-55.180 - Owner and, operator and/or managing employee responsibility—Denial,
revocation, restriction or suspension of business license.
4-55.190 - Remedies cumulative—Each day a separate offense.
4-55.200 - Public nuisance.
4-55.210 - Criminal penalties.
4-55.220 - Civil injunction.
4-55.230 - Administrative fines and costs.
Article 4-55 - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS
41
Page 2
4-55.010 - Purpose.
(a) In enacting these regulations the City Council recognizes that massage is a viable
professional field offering the public valuable health and therapeutic services.
(b) It is the purpose and intent of the City Council that the operation of massage
establishments, massage practitioners, and managing employees 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 businessesestablishments and to perform such services offered.
(c) 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. This Article implements State law
providing for certification of massage practitioners and allows the practice of
massage subject to either certification in accordance with those laws or a City
massage practitioner permit.
(d) The further intent of this Article is to establish regulations for the massage therapy
profession that are reasonable and necessary to protect public health and safety
and reduce the potential for illegal and illicit activity within the City of Saratoga. This
Article is not intended to be exclusive and compliance with its provision shall not
excuse noncompliance with any State or other local laws.
(e) If any section, subsection, sentence, clause or phrase of this Article is for any
reason determined to be invalid, such a determination shall not affect the validity of
the remainder of this Article.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.020 - 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(a) Approved school or approved massage school means a school
approved by CAMTC (within or outside of California) that meets minimum
standards for training and curriculum in massage and related subjects, that
meets any of the following requirements, and that has not otherwise been
unapproved by the CAMTC council:
(1) Is approved by the Bureau for Private Postsecondary Education.
(2) Is approved by the Department of Consumer Affairs.
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(3) Is an institution accredited by the Accrediting Commission for Senior
Colleges and Universities or the Accrediting Commission for Community and
Junior Colleges of the Western Association of Schools and Colleges and
that is one of the following:
(A) A public institution.
(B) An institution incorporated and lawfully operating as a nonprofit public
benefit corporation pursuant to Part 2 (commencing with Section 5110)
of Division 2 of Title 1 of the Corporations Code, and that is not managed
by any entity for profit.
(C) A for-profit institution.
(D) An institution that does not meet all of the criteria in subparagraph (B)
that is incorporated and lawfully operating as a nonprofit public benefit
corporation pursuant to Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code, that has been in
continuous operation since April 15, 1997, and that is not managed by
any entity for profit.
(4) Is a college or university of the state higher education system, as defined in
Section 100850 of the Education Code.
(5) Is a school requiring equal or greater training than what is required under
Section 460 of the Business and Professions Code and is recognized by the
corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.
(b) CAMTC means California Massage Therapy Council as established pursuant to
Division 2, Chapter 10.5 (commencing with Section 4600) of the California
Business and Professions Code, known as the Massage Therapy Act. CAMTC
certified means a Massage Practitioner holding a valid and current Massage
Therapy Certificate issued by CAMTC.
(c) City Manager means the City Manager of Saratoga or his/her designee.
(cd) Managing employee means any employee of a massage establishment who
has been designated by the holder of the massage establishment permit to
manage the businessmassage establishment in his/her absence. The managing
employee may perform massages at the businessmassage establishment only
if he/she obtains and maintains in effect a valid and current Massage Therapy
Certificate issued by CAMTC or a massage practitioner permit issued by the
City Manager.
(de) Massage means the scientific manipulation of the soft tissues, including but not
limited to, any method of pressure on, or friction against, or stroking, kneading,
rubbing, tapping, 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 rubbing alcohol, antiseptic, oil, powders, lotion, ointment,
or other similar devices commonly used in this practice; or by baths, including,
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but not limited to, Turkish, Russian, Swedish, Japanese, vapor, shower, electric
tub, mineral, fomentation, or any other type of bath.
(ef) Massage establishment 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 relaxation services. Massage establishment does not include
those locations where massage is only provided on an outcall basis.
(fg) Massage practitioner for purposes of this Article means anya person who
performsholds a valid and current Massage Therapy Certificate issued by
CAMTC pursuant to California Business and Professions Code Section 4604 or
4604.2, or who has met all the requirements under Section 4-55.050 of this
Article, and who administers massage in return for compensation of any type. .
(g(h) Massage Therapy Certificate means a certificate issued by CAMTC
pursuant to Division 2, Chapter 10.5 of the California Business and Professions
Code (commencing at section 4600 and known as the Massage Therapy Act) or
a certificate issued by the City Manager pursuant to this Article.
(i) Outcall massage service means the engaging in or carrying on of massage for
consideration at a location other than a licensed massage establishment.
(hj) Permit means a written document authorizing the holder to engage in the
business written on such document.
(ik) Person means any individual, partnership, (general or limited), 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 one hundred hours within at least three
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 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) Massage Therapy Certificate means a certificate issued pursuant to Division 2,
Chapter 10.5 of the California Business and Professions Code (commencing at
section 4600 and known as the Massage Therapy Act).
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
(l) Sole Provider means a massage business where the owner owns one hundred
(100) percent of the business, is the only person who provides massage
services for compensation for that business pursuant to a valid and current
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certificate issued by CAMTC or the City Manager and has no other employees
or independent contractors.
(m) Temporary Massage Permit means a massage permit that is given pending
further investigation to determine if an applicant is eligible for a massage
practitioner permit. A temporary massage permit may be authorized, at the
discretion of the City Manager, but is not required while further investigation is
pending. A temporary massage permit shall remain in effect for a period of
thirty (30) days or until issuance of the massage practitioner permit, unless said
permit has been denied, at which time the temporary massage permit shall be
of no further force and effect.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.030 - Exemptions.
(a) The provisions of this Article shall not apply to persons providing massage who are
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 licensedor working 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 toor by an accredited high schools,
junior colleges, collegesschool, community college, college and
universitiesuniversity whose coaches and trainers are acting within the scope of
employment.
(b) The provisions of Sections 4-55.040 (c)through 4-55.090050 of this Article shall not
apply to massage practitioners or to managing employees who administer massage
and hold a valid Massage Therapy Certificate. issued by CAMTC, pursuant to
Business and Professions Code 4604 or 4604.2
(c) The provisions of Sections 4-55.040(c) through 4-55.090050 of this Article shall not
apply to massage establishments that are a sole proprietorship, where the sole
proprietor holds a valid and current Massage Therapy Certificate through CAMTC,
or to massage establishments that employ or use only persons who hold a valid
Massage Therapy Certificate to provide massage services. For purposes of this
paragraph, a sole proprietorship is a business where the owner is the only person
employed by that businessthrough CAMTC to provide massage services.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.040 - Permit required for massage establishment, managing employee, and
massage practitioner.
(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,
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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 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 is 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) (1) Massage practitioner permit.
(1) 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 is
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.
(2) A person who obtains a massage establishment permit or a managing
employee permit from the City Manager and plans to personally give massages
at the businessestablishment, shall, unless CAMTC certified, also apply for and
obtain a massage practitioner permit, and shall pay fees for administration of
the written and practical examination pursuant to Section 4-55.060050.
(d) [Change in status.]. The holder of any permit described inrequired by this Section
shall notify the City Manager, through the massage establishment owner of which
they are employed, within thirty (30) days of any change in name, address, or other
contact information listed in the permit. If the holder of the permit is an independent
contractor, then they must notify the City Manager within thirty (30) days of any
change in name, address, or other contact information listed in the permit.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.050 - Educational and practical examination requirements for applicants
intending to engage in massage for massage practitioner, massage
establishment and managing employee permits. .
(a) Educational requirements. All applicants for a massage establishment permit,
managing employee permit and/or massage practitioner permit, must meet either
(unless CAMTC certified) must meet, and provide proof satisfactory to the City
thereof, each of the following educational standards in order to qualify for such
permit:
(1) Possession of a diploma or certificate of graduation from a recognizedan
approved massage school of massage, college, juniorcommunity college or
university which shows satisfactory completion of at least three;
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(2) Evidence that the applicant has successfully completed the curricula in
massage and related subjects totaling a minimum of five hundred (500) 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 two hundred hours of a nonrepetitive curriculum in
anatomy, physiology, hygiene, sanitation, and massage theory, history, ethics
and practice and at least one hundred hours ofthe credit unit equivalent, that
incorporates appropriate school assessment of student knowledge and skills,
including, but not limited to, documented experience under the direct
supervision of a licensed massage practitioner, physical therapist, or other
health professional who is duly licensed to practice his/her respective
profession under the laws of the State. as follows.
(i) Of the five hundred (500) hours, a minimum of one hundred (100) hours of
instruction shall address anatomy and physiology, contraindications,
health and hygiene, sanitation, and business ethics;
(ii) All of the five hundred (500) hours shall be from an approved massage
school: and
(iii) Proof of successful completion of courses in massage theory, history and
practice.
(3) Evidence that the applicant has passed a massage and bodywork competency
assessment examination that meets the generally recognized psychometric
principles and standards currently approved by CAMTC.
(b) Practical examination requirements. All applicants for a massage establishment
permit, managing employee permit and/or massage practitioner permit who intend
on engaging in the practice of massage shall 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 examination 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 or massage practitioner permit for a period of one year.
(c) Exemption from educational and, practical examination requirements and
medical certificate.
(1) requirements. Applicants for a massage establishment permit or managing
employee permit who sign a declaration under penalty of perjury that they will not
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personally engage in the practice of massage at the businessestablishment are
exempt from the educational and practical examination requirements set forth in this
Section and are exempt from obtaining a medical certificate.
(2) Applicants for a massage practitioner permit who have completed at least three
hundred hours of education and training at a recognized school and have
passed the National Certification Examination for Therapeutic Massage and
Body Work are exempt from the practical examination requirements set forth in
this Section.
(d) Extension of time to complete educational requirements. Holders of business
licenses issued by the City for at least one year before the effective date of this
Article, engaged in the practice of massage within the City, and their employees
who have been employed in the practice of massage by the business for at least
one year before the effective date of this Article, shall be exempt from the
educational requirements of subsection (a) of this Section if they have passed the
practical examination set forth in this Section or hold a current valid certificate
evidencing passage of the National Certification Examination for Therapeutic
Massage and Body Work. Holders of a business license or massage practitioner
permit issued by the City, before, but less than one year before, the effective date of
this Article shall have a period of one year from the effective date of this Article to
satisfy the educational requirements set forth in this Section. 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.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.060 - Applications for massage establishment permit, managing employee
permit, massage practitioner permit and temporary massage practitioner permit.
..
(a) Submittal of application. Every person, firm, corporation or partnership (general or
limited), limited liability company or other form of business 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 (general or limited), limited
liability company or other form of business shall designate one of its officers or
partners to act as the responsible person for the business and will complete and
sign all forms/applications required.).
(b) [Required information.]. 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 most recent street addresses, and the dates of residence at
each address;
(3) The date of birth of the applicant;
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(4) The applicant's height, weight and, color of eyes and hair, and any other
identifying features such as birth marks, scars or tattoos;
(5) The applicant's driver's license number (if any), California Identification Card (if
any) and social security number;
(6) The applicant's two most recent employers, including their names, street
addresses, cities and phone numbers, and the position held by the applicant;
(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 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 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 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 (general or limited), limited liability company or other
form of business, 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 through 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, (general or limited), 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 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 five
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
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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 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;
(19) (17) In the case of a massage establishment application, proof of massage
malpractice insurance in the sum of no less than one million dollars;
(20) 18) A description of any other business to be operated on the same premises,
or on adjoining premises, owned or controlled by applicant;
(21) 19) Authorization for the City, 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. ;
(20) In the case of a massage establishment application, the name, residence
address and telephone number, and work address and telephone number of
each person that the establishment intends to employ as a massage
practitioner;
(21) In the case of a massage establishment application, a copy of each employee’s
massage practitioner’s CAMTC certification and CAMTC identification card, or a
copy of the employee’s massage practitioner permit from the City Manager;
(22) This section 4-55.060(b) does not apply to massage practitioners who hold a
valid and current Massage Therapy Certificate through CAMTC and who are
not applying for a massage establishment permit or a managing employee
permit.
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(23) 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.
(24) 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.
(c) 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 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 (60) 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
forth in this Article, unless in the case of applications for a massage
establishment permit or managing employee's permit 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) 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;
(5) Documentation to prove that the applicant has a lawful right to work in the
United States.
(6) This section 4-55.060 (c) does not apply if the applicant holds a valid and
current Massage Therapy Certificate issued by CAMTC and is not applying for
a massage establishment permit or a managing employee permit.
(d) Payment of massage establishment permit, managing employee permit or
massage 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
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fees will be set forth in the City fee schedule. A copy of the receipt(s) shall
accompany the application.
(e) CAMTC Certified Massage Practitioners. A massage practitioner who holds a
valid and current Massage Therapy Certificate issued by CAMTC is not required to
apply for or obtain a massage practitioner permit from the City Manager. However,
a CAMTC certified massage practitioner who intends to open a massage
establishment or manage a massage establishment is required to apply for a
massage establishment permit or managing employee permit.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.070 - Processing of application, investigation.
(a) Processing of application, investigation. 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 may issue a temporary massage practitioner permit
pursuant to Section 4-55.040(d),, and 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. This provision does not apply if the applicant holds a valid and
current Massage Therapy Certificate issued by CAMTC.
(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, planning, health and code
enforcement 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 law when necessary to determine if
the applicant meets the qualifications for a permit pursuant to this Article.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
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4-55.080 - Action by city manager on permit application; grounds for denial.
(a) Grant or denial of application for massage establishment permit, managing
employee permit or 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) Granting of application. 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:
(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 subsection (j) 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 vicinity or disturbing to the occupants thereof.
(c) Conditional granting of application. In considering a massage establishment
permit the City Manager may grant the application 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
nonmassagenon-massage business on the premises.
(d) Notice. If the application for a permit is granted pursuant to this Section, 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 the City deems
necessary. 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.
(e) Expiration and renewal of massage establishment permit, managing
employee permit and massage practitioner permit. All permits shall expire one
(1) year after the date of their issuance, unless revoked sooner by the City
Manager. Applications for renewal of permits must be submitted to the City
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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.
(f) 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 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.
(g) 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.
(h) Notice. 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.
(i) Failure to file timely notice. 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.
(j) Grounds for denial of application. The City Manager shall deny an application if
any of the following circumstances exist:
(1) The application is incomplete and/or the applicant failed to submit required
materials requested by the City within thirty (30) days of the City’s request, or
the applicant failed to submit required supplementary materials are not
submittedrequested by the City within thirty (30) days of the date of
application;the City’s request.
(2) The applicant does not have proof of the required educational requirements,
unless the applicant is exempt from these requirements as established in this
Article, and can show proof of qualifications for exemption;
(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;
(5) The applicant, including applicant as a corporation or, partnership (limited or
general), limited liability company or other form of business, or former employer
of the applicant while the applicant was so employed, has been successfully
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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, or equivalent expungement process under the laws of another
jurisdiction,
(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, or equivalent expungement process under
the laws of another jurisdiction,
(iii) Any offense involving the use of force or violence upon another person,
(iv) Any offense involving sexual misconduct with children, or
(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 other provisions of the City
ordinances;
(8) Any violation of this Article if previously licensed at any other location during the
pendency of the application.
(k) 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 is denied, the notice shall be by certified mail, return receipt requested,
and/or hand delivered to the managing employee on the businessmassage
establishment premises; and shall advise the applicant of his/her right to appeal the
decision.
(l) 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) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the City ManagerClerk 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.
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(2) In order to hear and decide appeals of denials of applications for permits made
by the City Manager, thereThe appeal shall be heard and is createddecided by
a Board of Appeals consisting of membersHearing Officer appointed by the City
Council. The City Manager shall be an ex officio member and shall act as
Secretarypursuant to City Code Section 3-15.070 and conducted pursuant to
such Board but shall have no vote upon any matter before the Board. Copies of
any the rules or regulations adopted by the Board shall be delivered to the City
Manager, who shall make them freely accessible to the public.of procedure
established in accordance with Section 3-15.070. . The BoardHearing Officer
shall have no authority to waive requirements of this Article.
(3) As soon as practicable after receiving the written appeal, the Secretary of the
Board of AppealsHearing Officer shall fix a date, time and place for the hearing
of the appeal by the Board. .Such date shall not be less than five (5) working
days nor more than thirty (30) working days from the date the appeal was filed
with the City ManagerClerk. Written notice of the time and place of the hearing
shall be given by certified mail at least five (5) working days prior to the date of
the hearing to the appellant by the Secretary of the BoardCity Clerk 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.
(4) Failure of an applicant to file an appeal in accordance with the provisions set
forth in this Section shall constitute a waiver of the right to an
administrativeappeal hearing and adjudication of the notice and order or any
portion thereof.
(5) At the hearing both the appellant and the City 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.
(6) Within ten (10) working days of the hearing, the BoardHearing Officer shall
issue a written decision which states whether the decision of the City Manager
is upheld, modified or reversed. The decision of the BoardHearing Officer shall
be served on the appellant by certified mail, return receipt requested. The
decision of the BoardHearing Officer shall be final.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.090 - Permits nontransferable.
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
therein. 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.
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(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.095 - Business license and permit or massage therapy certificate required.
and Massage Establishment Permit Required .
(a) Business license. Any person desiring to operate a massage establishment shall
also apply for and obtain a business license pursuant to Article 4-05 of this Code
and pay the license fee specified therein. No such business license shall be issued
unless and until the applicant has first obtained a valid permit under this Article or
provided evidence that the applicant holds a valid Massage Therapy Certificate.
(b) Current permit or certificate required. No person shall accept or continue
employment as a massage practitioner at any massage establishment in the City
unless the owner or, operator and/or managing employee of such establishment
holds both a current business license and Massage Establishment permit issued
pursuant to this Article or a valid Massage Therapy Certificate. .
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.100 - Registration and notification requirements.
(a) Every massage establishment shall:
(1) Provide the City of Saratoga with a copy of the massage practitioner permit or
proof of a valid Massage Therapy Certificate issued by CAMTC of every
person who is employed or retained by the business or establishment to provide
massage therapy, within thirty (30) calendar days of the commencement of
such person's period of employment; and
(2) Maintain on its premises a copy or other evidence of each such massage
therapy licenseestablishment permit, managing employee permit and massage
practitioner permit or a valid and current Massage Therapy Certificate issued by
CAMTC, for each employee for review by the City of Saratoga.;
(3) Notify the City of any new employees or departed employees;
(b) Every CAMTC certified massage practitioner or holder of a massage practitioner
pursuant to this Article shall:
(1) Display his or her original certificate wherever he or she provides massage for
compensation. A certificate holder shall have his or her identification card in his
or her possession while providing massage services for compensation;
(2) Provide his or her full name and certificate number (if applicable) upon the
request of a member of the public, the City, the CAMTC council (if CAMTC
certified), a member of law enforcement, or a local government agency charged
with regulating massage or massage establishments, at the location where he
or she is providing massage services for compensation;
(3) Include the name under which he or she is certified and his or her certificate
number in any and all advertising of massage for compensation.
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(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.110 - Hours of operation.
No holder of a permit issued pursuant to this Article or holder of a valid and current
Massage Therapy Certificate issued by CAMTC, and no nonexempt massage business
or establishment, or massage business or establishment described in paragraph (1) of
subdivision (b) of Section 4612 of the California Business and Professions Code, ,shall
provide massage therapy to the public for compensation between the hours of ten (10)
p.m. and seven (7) a.m. of the following day.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.120 - Prohibited advertising practices.
(a) It is a violation of this Article for any person who does not possess a valid CAMTC
Massage Therapy Certificate or massage practitioner permit issued pursuant to this
Article, and for any massage business or establishment that employs or retains
such a person, to:
(1) State or advertise or put out any sign or card or other device, or to represent to
the public through any print or electronic media, that such person is certified,
registered or licensed by a governmental agency as a massage therapist or
massage practitioner; or
(2) Hold oneself out or use the title of "certified massage therapist," "certified
massage practitioner," or any other term, such as "licensed," "registered," or
"CMT," that implies or suggests that such person is the holder of a CAMTC
Massage Therapy Certificate or massage practitioner permit issued pursuant to
this Article.
(b) It is a violation of this Article for any massage business or establishment, licensee,
or any other person providing massage therapy to the public for compensation, to
advertise through any print or electronic media that is classified for adults only or
similar classification.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.130 - Minors.
It shall be unlawful for any holder of a permit issued pursuant to this Article,
nonexempt massage business or establishment, and for any massage business or
establishment described in paragraph (1) of subdivision (b) of Section 4612 of the
California Business and Professions Code, to:to:
(a) Employ or retain any person who is under the age of eighteen (18) years to
provide any massage therapy to the public for compensation; or
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(b) Provide massage therapy to any person who is under the age of eighteen (18)
years, except at the special instance and request of a parent or other person in
lawful custody of the minor.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.140 - Physical facility and building code requirements.
The following physical facility and building code requirements shall be applicable to
all holders of massage establishment permits issued pursuant to this Article, nonexempt
massage businesses or establishments, and to all massage businesses or
establishments described in paragraph (1) of subdivision (b) of Section 4612 of the
California Business and Professions Code:
(a) Except when there is no staff available to assure security for massage therapy
patrons and staff who are behind closed doors, no massage therapy may be
carried on behind locked, closed doors.(a) All internal and external doors
must remain unlocked at all times when massage therapy is being provided,
unless otherwise expressly authorized in this Article; except that where a
massage establishment is a business entity owned by one individual with one
or no employees or independent contractors, it may lock its external doors.
(b) All doors to dressing rooms, toilet rooms and massage therapy rooms or
cubicles shall open inward and shall be self-closing. Draw drapes, curtain
enclosures, or accordion-pleated closures in lieu of doors are acceptable on all
inner dressing rooms and massage therapy rooms or cubicles.
(c) Minimum lighting equivalent to at least one forty-watt (40) light shall be provided
in each massage therapy room or cubicle.
(d) A massage table shall be used for all massage therapy, with the exception of
"Thai," ", Shiatsu,", and similar forms of massage therapy, which may be
provided on a padded mat on the floor, provided the patron is fully attired in
loose clothing, pajamas, scrubs or similar style of garment. TheMassage tables
shouldshall have a minimum height of eighteen (18) inches. Beds, floor
mattresses and waterbeds are not permitted on the premises of the business or
establishment. Massage tables shall be covered with a clean sheet or other
clean covering for each patron. After a towel, covering or linen has once been
used it shall be deposited in a closed receptacle and not used until properly
laundered and sanitized. Pads used on massage tables shall be covered with
material acceptable to County Department of Environmental Health.
(e) All locker facilities that are provided for the use of patrons shall be fully secured
for the protection of the patron's valuables, and the patron shall be given control
of the key or other means of access.
(f) The business or establishment shall comply with the following state building
standards as adopted at Chapter 16 of this Code:
(1) Have a system of adequate ventilation in accordance with the provisions of
Section 705 of the Uniform Building Code of 1982, as referenced in Part 2,
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Chapter 7 of the matrix adoption tables, of Title 24 of the California Code of
Regulations.
(2) Have a supply of hot and cold running water in accordance with Part 5,
Section 1001(d)(1), of Title 24 of the California Code of Regulations.
(3) Have a supply of potable drinking water in accordance with Part 5, Section
1001(d)(3), of Title 24 of the California Code of Regulations.
(4) Provide hand-washing facilities in accordance with Part 5, Section
1001(d)(2), of Title 24 of the California Code of Regulations.
(5) Provide public toilet rooms in accordance with Part 5, Sections 910(b) and
910(c), and Table No. C-1, of Title 24 of the California Code of Regulations.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.150 - Health and safety requirements.
The following health and safety requirements shall be applicable to all holders of
massage establishment permits issued pursuant to this Article, all nonexempt massage
businesses or establishments, and to all massage businesses or establishments
described in paragraph (1) of subdivision (b) of Section 4612 of the California Business
and Professions Code:::
(a) The business or establishment shall at all times be equipped with an adequate
supply of clean sanitary towels, coverings and linens, and all massage tables
shall be covered with a clean sheet or other clean covering for each patron.
After a towel, covering or linen has once been used it shall be deposited in a
closed receptacle and not used until properly laundered and sanitized. Towels,
coverings and linens shall be laundered either by regular commercial
laundering or by a noncommercial laundering process which includes
immersion in water at least one hundred forty (140) degrees Fahrenheit for not
less than fifteen (15) minutes during the washing or rinsing operation. Clean
towels, coverings and linens shall be stored in closed, clean cabinets when not
in use.
(b) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms,
shower compartments, and hot tubs and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each business day the premises are
open and such facilities are in use. All bathtubs shall be thoroughly cleaned and
disinfected after each use.
(c) All liquids, creams, or other preparations used on or made available to patrons
shall be kept in clean and closed containers. Powders may be kept in clean
shakers. All bottles and containers shall be distinctly and correctly labeled to
disclose their contents. When only a portion of a liquid, cream or other
preparation is to be used on or made available to a patron, it shall be removed
from the container in such a way as not to contaminate the remaining portion.
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(d) No invasive procedures shall be performed on any patron. Invasive procedures
include, but are not limited to:
(1) Application of electricity which contracts the muscle;
(2) Application of topical lotions, creams, or other substances which affect
living tissue, such as chemical peel preparations or bleaches;
(3) Penetration of the skin by metal needles;
(4) Abrasion of the skin below the nonliving, epidermal layers;
(5) Removal of skin by means of any razor-edged instrument or other device or
tool; and
(6) Any needle-like instrument which is used for the purpose of extracting skin
blemishes and other similar procedures.
(.(e) All bathrobes, bathing suits and/or other garments that are provided for
the use of patrons shall be either fully disposable and shall not be used by more
than one patron, or shall be laundered after each use pursuant to subsection (a)
of this Section.
(f) All combs, brushes, and/or other personal items of grooming or hygiene that are
provided for the use of patrons shall be either fully disposable and shall not be
used by more than one patron, or shall be fully disinfected after each use.
(g) No patrons shall be allowed to use any shower facilities of the business or
establishment unless such patrons are wearing slip-resistant sandals or flip-
flops while in the shower compartment. All footwear such as sandals or flip-
flops that are provided for the use of patrons shall be either fully disposable and
shall not be used by more than one patron, or shall be fully disinfected after
each use.
(h) The patron's genitals, pubic area, anus, and female patron's breasts below a
point immediately above the top of the areola must be fully draped at all times
while any employee of the business or establishment is in the massage therapy
room or cubicle with the patron. No massage therapy shall be provided to a
patron that results in intentional contact, or occasional and repetitive contact,
with the genitals, anus, or areolathe female breasts of a patron.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.160 - Attire and physical hygiene requirements.
The following attire and physical hygiene requirements shall be applicable to all
holders of a permit pursuant to this Article, and to all massage therapists and massage
practitioners who are employed or retained by a nonexempt massage business or
establishment, or by a massage business or establishment described in paragraph (1)
of subdivision (b) of Section 4612 of the California Business and Professions Code:
and all massage practitioners who hold a valid and current Massage Therapy Certificate
issued by CAMTC:
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(a) All persons shall be clean and wear clean and sanitary outer garments at all
times. All outer garments shall be of a fully opaque, nontransparent material
and provide complete covering from at least the mid-thigh to two inches below
the collarbone. The midriff may not be exposed.(a) All persons shall wear
attire that is not transparent, see-through, or substantially exposes the person’s
undergarments, breasts, buttocks, or genitals, or dress in any manner that
exposes him or herself, or private parts in violation of Section 314 of the Penal
Code. Persons shall not wear swim attire, unless providing a water-based
massage modality approved by CAMTC.
(b) All persons shall thoroughly wash their hands with soap and water or any
equally effective cleansing agent immediately before providing massage
therapy to a patron. No massage therapy shall be provided upon a surface of
the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded,
cut) or where a skin infection or eruption is present.
(c) No person afflicted with an infection or parasitic infestation capable of being
transmitted to a patron shall knowingly provide massage therapy to a patron, or
remain on the premises of a massage business or establishment while so
infected or infested. Infections or parasitic infestations capable of being
transmitted to a patron include, but are not limited to:
(1) Cold, influenza or other respiratory illness accompanied by a fever, until 24
hours after resolution of the fever;
(2) Streptococcal pharyngitis ("strep throat"), until twenty-four hours after
treatment has been initiated and twenty-four hours after resolution of fever;
(3) Purulent conjunctivitis ("pink eye"), until examined by a physician and
approved for return to work;
(4) Pertussis ("whooping cough"), until five days of antibiotic therapy has been
completed;
(5) Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if
all lesions have dried and crusted;
(6) Mumps, until nine days after onset of parotid gland swelling;
(7) Tuberculosis, until a physician or local health department authority states
that the person is noninfectious;
(8) Impetigo (bacterial skin infection), until twenty-four hours after treatment
has begun;
(9) Pediculosis (head lice), until the morning after first treatment; and
(10) Scabies ("crabs"), until after treatment has been completed.
Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be
considered infectious or communicable diseases for the purpose of this subsection.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
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4-55.170 - Inspection by government officials.
(a) All holders of a permit issued pursuant to this Article and holders of a valid Massage
Therapy Certificate issued by CAMTC, nonexempt massage businesses or
establishments, and all massage businesses or establishments described in
paragraph (1) of subdivision (b) of Section 4612 of the California Business and
Professions Code, shall permit representatives of the County health department, the
City of Saratoga, Fire Department, Community Development Department, and/or
other City or County departments or agencies, to conduct a reasonable inspection
of the public areas of and areas otherwise open to plain view on or within the
premises, to the extent allowed by law and during the regular business hours of the
business or establishment, for the purpose of ensuring compliance with state and
local law, including, but not limited to, Chapter 10.5 (commencing with Section
4600) of the California Business and Professions Code, the requirements of this
Code, or other applicable fire and health and safety requirements.
(b) Nothing in this Section shall be deemed to prohibit the above-described government
officials from pursuing any and all available legal remedies to secure entry into and
inspection of the premises of the business or establishment if such entry is refused,
or for any other reason allowed by law.
(c) It is a violation of this Article for the business or establishment to prohibit or interfere
with such lawful inspection of the premises at any time it is open for business.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.180 - Owner and, operator and/or managing employee responsibility—Denial,
revocation, restriction or suspension of business license.
The following provisions shall apply to all holders of a permit issued pursuant to this
Article, all nonexempt massage businesses or establishments, and all massage
businesses or establishments described in paragraph (1) of subdivision (b) of Section
4612 of the California Business and Professions Code:::
(a) For the purpose of enforcement of the requirements of this Article, all owners
and, operators, and managing employees of the business or establishment
shall be responsible for the conduct of all of its employees, agents, independent
contractors or other representatives, while on the premises of the business or
establishment or providing massage therapy.
(b) Notwithstanding any provision of Article 4-05 of this Code, the City may:
(1) Require a business oran establishment regulated by this Article, in its
application for a business license, or for the renewal of a business license,
to provide information relevant to the administration of this Article;
(2) Make reasonable investigations into the information so provided;
(3) Charge a business licensing fee sufficient to cover the costs of the business
licensing activities regulated by this Article; and
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(4) Deny, revoke, restrict or suspend a business license for either of the
following causes: (a) an employee, agent, independent contractor or other
representative of the business or establishment has committed a violation
of this Article, or of Chapter 10.5 (commencing with Section 4600) of
Division 2 of the California Business or Professions Code; or (b) the
business or establishment has provided materially false information in its
application for a business license.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.190 - Remedies cumulative—Each day a separate offense.
Any person subject to this Article who personally, or through an agent, employee,
independent contractor or other representative, violates any provision of this Article
shall be guilty of a separate offense for each and every day during any portion of which
any such violation is committed, continued or permitted by such person. All remedies
provided herein shall be cumulative and not exclusive.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.200 - Public nuisance.
Any use or condition caused or permitted to exist in violation of any of the provisions
of this Article shall be and is hereby declared a public nuisance and, as such, may be
abated or enjoined from further operation pursuant to Chapter 3 of this Code.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.210 - Criminal penalties.
Any person subject to this Article who personally, or through an agent, employee,
independent contractor or other representative, violates any provision of this Article
commits a misdemeanor. Any person convicted of a misdemeanor shall be subject to
punishment by fine and/or imprisonment to the maximum extent permitted by state law.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.220 - Civil injunction.
The violation of any provision of this Article shall be and is hereby declared to be
contrary to the public interest and shall, at the discretion of the City, create a cause for
injunctive relief.
Any massage establishment operated, or maintained contrary to the provisions of
this chapter shall be, and the same is hereby declared to be, unlawful and a public
nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal
action hereunder, commence an action or actions, proceeding or proceedings, for the
abatement, removal and enjoinment thereof, in the manner provided by law. Such
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remedies shall be in addition to any other judicial and administrative penalties and
remedies available to the City.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
4-55.230 - Administrative fines and costs.
In addition to the remedies set forth above, any person subject to this Article who
personally, or through an agent, employee, independent contractor or other
representative, violates any provision of this Article may be subject to administrative
fines and costs, pursuant to Chapter 3 of this Code.
(Ord. No. 278, § 1(Exh. A), 5-19-2010)
711446.5
65
SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: Public Works Department
PREPARED BY: Rick Torres
Public Works Manager
SUBJECT: Declaration of Surplus Vehicles and Authorization of D
RECOMMENDED ACTION:
Move to declare the following vehicles
1. 2006 1 Ton Dump Truck V
2. 2006 1 Ton Dump Truck V
3. 2006 1 Ton Dump Truck V
BACKGROUND:
Periodically the City purchases new equipment and v
reached the end of their useful life. For Fiscal Year 2015/2016
Vehicle #110, #111, and #112 due to age and poor condition
Surplus Item Vehicle # Mileage Reason
2006 Chevy Truck 110 111,900 Age
2006 Chevy Truck 111
2006 Chevy Truck 112
* The transmission in vehicle # 112 is in very poor condition.
FISCAL STATEMENT:
The amount of revenue gained from the auctioned vehicles is uncertain. Funds received from
auction are allocated back to the Vehicle Replacement Fund
FOLLOW UP ACTION:
Vehicles declared surplus will be sent to auction.
SARATOGA CITY COUNCIL
2015
Public Works Department
Public Works Manager
of Surplus Vehicles and Authorization of Disposal
s as surplus and authorize their disposal:
2006 1 Ton Dump Truck Vehicle # 110 (Street Division)
2006 1 Ton Dump Truck Vehicle # 111 (Street Division)
2006 1 Ton Dump Truck Vehicle # 112 (Parks Division)
Periodically the City purchases new equipment and vehicles that replace existing ones that have
For Fiscal Year 2015/2016 new purchases will replace
due to age and poor condition.
Vehicle # Mileage Reason Method of Disposa
110 111,900 Age/Condition Auction
111 194,700 Age/ Condition Auction
112 79,900 Age/Condition* Auction
* The transmission in vehicle # 112 is in very poor condition.
from the auctioned vehicles is uncertain. Funds received from
to the Vehicle Replacement Fund for future replacements.
surplus will be sent to auction.
existing ones that have
l replace
Method of Disposal
Auction
Auction
Auction
from the auctioned vehicles is uncertain. Funds received from the
66
Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: Public Works
PREPARED BY: Macedonio Nunez, Associate Engineer
SUBJECT: Cooperative Agreement for Joint Paving Work at the Intersection of Saratoga-
Sunnyvale Road and Prospect Road
RECOMMENDED ACTION:
Approve Cooperative Agreement for joint paving work at the Intersection of Saratoga-Sunnyvale
Road and Prospect Road and authorize the City Manager to execute the same.
BACKGROUND:
Cupertino is presently under contract with G. Bortolotto for resurfacing work in the City of
Cupertino with the Intersection of Saratoga-Sunnyvale Road and Prospect Road included in the
scope of work (See Attachment 2 Site Map). The City was approached by Cupertino’s Public
Works Department to inquire if Saratoga and San Jose would like to take advantage of their
contract and have our section of the intersection road resurfaced.
Cooperative agreements are an effective way for smaller jurisdictions and agencies with shared
right-of-way to accomplish work without the bid process, and higher costs associated with smaller
jobs. Additionally, it is advantageous to the lifecycle of a roadway if maintenance is performed at
the same time rather than portions maintained at different intervals with different treatments.
It is therefore recommended that Council authorize the City Manager to execute a Cooperative
Agreement between the cities of Cupertino, Saratoga, and San Jose.
FISCAL IMPACTS:
The cost for the resurfacing work is estimated up to a maximum amount of $67,127 including
contingencies/change orders. There is sufficient funding in the CIP under Annual Street
Resurfacing for this work.
ATTACHMENTS
1. Cost Sharing Agreement
2. Site Map
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Page 1 of 11
AGREEMENT BETWEEN THE CITIES OF
CUPERTINO, SAN JOSE AND SARATOGA
FOR THE ASPHALT REPAIR OF
DE ANZA BOULEVARD AT PROSPECT ROAD INTERSECTION
AND DE ANZA BOULEVARD AT BOLLINGER ROAD INTERSECTION
This Agreement (herein “Agreement”) is made and entered into this ___ day of ____________, 2015, (herein
the “Effective Date”) by and between the City of Cupertino, a chartered California municipal corporation, with
its principal place of business located at 10300 Torre Avenue, Cupertino, California 95014 (herein
“CUPERTINO”) the City of San José, a California municipal corporation, (herein “SAN JOSE”) and the City of
Saratoga, a chartered California municipal corporation, with its principal place of business located at 13777
Fruitvale Avenue, Saratoga, California 95070. CUPERTINO, SAN JOSE and SARATOGA may be referred to
herein individually as a “Party” or a “City” or collectively as the “Parties”, “Cities” or the “Parties to this
Agreement”.
RECITALS
WHEREAS:
A. CUPERTINO and SAN JOSE find that it is in the public interest to remove and replace failed
asphalt at De Anza Boulevard & Bollinger Road intersection, over which CUPERTINO and
SAN JOSE have jurisdiction; and
B. CUPERTINO, SAN JOSE and SARATOGA find that it is in the public interest to remove and
replace failed asphalt at De Anza Boulevard & Prospect Road intersection, over which
CUPERTINO, SAN JOSE, and SARATOGA have jurisdiction; and
C. It is in the public interest for CUPERTINO, SAN JOSE, and SARATOGA to complete the
PROJECT in a cooperative and economical manner by constructing CUPERTINO, SAN JOSE,
and SARATOGA portions of the PROJECT together; and
D. Each Party has agreed to perform its portion of the work as described herein, under its direction.
In consideration of the above referenced recitals and the following mutual covenants, agreements and
obligations of the parties, CUPERTINO, SAN JOSE, and SARATOGA agree as follows:
AGREEMENT PROVISIONS
1. PROJECT DESCRIPTION:
The work to be performed under this Agreement within San Jose will consist of removing and replacing
approximately 500 tons of asphalt and placing 3850 square yards of type II slurry in San Jose along with
replacement of affected traffic striping and traffic detector loops of the San Jose portion of De Anza
Boulevard at Prospect Road intersection and De Anza Boulevard at Bollinger Road intersection. The
work to be performed under this Agreement within Saratoga will consist of removing and replacing
approximately 300 tons of asphalt in Saratoga along with replacement of affected traffic striping and
traffic detector loops of the Saratoga portion of De Anza Boulevard at Prospect Road intersection
(herein the “PROJECT”). The work to be performed is more fully described in the document entitled
“Scope of Work and Schedule of Performance” set forth in Exhibit A, attached and incorporated by
reference. Approximately 25% of De Anza Boulevard at Prospect Road intersection and approximately
50% De Anza Boulevard at Bollinger Road intersection are within the City of San José’s jurisdiction.
Approximately 50% of De Anza Boulevard at Prospect Road intersection is within the City of Saratoga
jurisdiction. The remaining area is within the City of Cupertino’s jurisdiction.
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Page 2 of 11
2. CUPERTINO’S OBLIGATIONS:
CUPERTINO agrees as follows:
A. To act as the lead agency to administer the design and construction of the PROJECT.
Administration shall include preparation of specifications, contract documents and cost
estimate; notification of local business; coordination with various agencies; preparation of all
necessary environmental documents; obtaining permits; obtaining bids; awarding the
construction agreement; administering the construction agreement; providing materials control
and inspection services; and making progress payments to the contractor.
B. To promptly provide SAN JOSE and SARATOGA with awarded final specifications and
contract documents for the PROJECT.
C. To pay CUPERTINO’s share of the PROJECT cost. The Project cost is defined as the actual
amount paid to the contractor plus ten percent (10%) for CUPERTINO’s engineering,
construction and other administrative services. CUPERTINO’s share of the Cost is 100% of the
PROJECT cost for the CUPERTINO owned portion of the road.
D. CUPERTINO agrees to cooperate with SAN JOSE and SARATOGA should SAN JOSE or
SARATOGA raise any issues concerning the work in either SAN JOSE’s jurisdiction or
SARATOGA’S jurisdiction that requires correction prior to acceptance or within the warranty
period.
E. The designated project manager for CUPERTINO for the duration of the PROJECT is Roger
Lee (phone number: 408-777-3350). CUPERTINO’s project manager shall have all the
necessary authority to direct technical and professional work within the scope of the Agreement
and shall serve as the principal point of contact with SAN JOSE and SARATOGA.
F. Keep and maintain a complete copy of all records regarding costs and expenditures relating to
the project, together with a complete copy of all plans, specifications, reports, contracts and
other documents relating to the project, and the same shall be available for inspection by San
Jose and/or Saratoga at any time during usual business hours.
3. SAN JOSE’S OBLIGATION:
SAN JOSE agrees as follows:
A. To pay SAN JOSE’s share of the PROJECT cost to CUPERTINO, as defined in Section 2.C.,
up to a maximum amount of $104,560 including contingencies/change orders. Cupertino shall
not approve change orders in excess of 10% of the project cost without the consent of San Jose.
SAN JOSE’s share of the cost is 100% of the Project Cost for the SAN JOSE-owned portion of
the road. Should that amount exceed $104,560, SAN JOSE’S ability to pay above $104,560
requires appropriation by San Jose’s City Council. SAN JOSE’S share of the costs include
100% of the contractor costs for work on the SAN JOSE-owned portion of the road, plus 10%
of the amount billed by the contractor for the SAN JOSE-owned portion of the road, which will
be paid to CUPERTINO for engineering, construction, and other administrative services as
described in Section 2.C.
B. To pay its share of the PROJECT cost within forty-five (45) business days of receiving and
approving the detailed invoice from CUPERTINO, provided that the following conditions are
met:
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Page 3 of 11
1. The PROJECT has been completed and SAN JOSE has approved the portion of the
work in its jurisdiction. Acceptance by SAN JOSE shall be made in writing to
CUPERTINO; and
2. The detailed invoice sets forth the cost of construction of all PROJECT work based on
the actual contract unit prices paid and negotiated change order(s), if any.
C. The designated project manager for SAN JOSE for the duration of the PROJECT is Frank
Farshidi (phone number: 408-794-1945). SAN JOSE’s project manager shall have all the
necessary authority to review and approve and accept technical and professional work within
the scope of the Agreement and shall serve as the principal point of contact with CUPERTINO.
SAN JOSE may request documentation of such costs, and may review the original invoices and
weight certificates or request copies of same, which shall be provided within a reasonable time.
4. SARATOGA’S OBLIGATION:
SARATOGA agrees as follows:
A. To pay SARATOGA’s share of the PROJECT cost to CUPERTINO, as defined in Section 2.C.,
up to a maximum amount of $67,127 including contingencies/change orders]. Cupertino shall
not approve change orders in excess of 10% of the project cost without the consent of Saratoga.
SARATOGA’s share of the cost is 100% of the Project Cost for the SARATOGA-owned
portion of the road. Should that amount exceed $67,127, SARATOGA’S ability to pay above
$67,127 requires appropriation by SARATOGA’s City Council. SARATOGA’s share of the
costs include 100% of the contractor costs for work on the SARATOGA-owned portion of the
road, plus 10% of the amount billed by the contractor for the SARATOGA-owned portion of
the road, which will be paid to CUPERTINO for engineering, construction, and other
administrative services as described in Section 2.C.
C. To pay its share of the PROJECT cost within forty-five (45) business days of receiving and
approving the detailed invoice from CUPERTINO, provided that the following conditions are
met:
1. The PROJECT has been completed and SARATOGA has approved the portion of the
work in its jurisdiction. Acceptance by SARATOGA shall be made in writing to
CUPERTINO; and
2. The detailed invoice sets forth the cost of construction of all PROJECT work based on
the actual contract unit prices paid and negotiated change order(s), if any.
C. The designated project manager for SARATOGA for the duration of the PROJECT is John
Cherbone (phone number: 408-868-1239). Saratoga’s project manager shall have all the
necessary authority to review and approve and accept technical and professional work within
the scope of the Agreement and shall serve as the principal point of contact with CUPERTINO.
SARATOGA may request documentation of such costs, and may review the original invoices
and weight certificates or request copies of same, which shall be provided within a reasonable
time.
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5. TERM OF AGREEMENT:
A. Unless otherwise modified by a written amendment to this Agreement, the term of this
Agreement shall be one (1) year from the Effective Date or until the PROJECT acceptance by
both parties and final payments of all outstanding balances.
B. Consistent with City of San José Standard Specifications, Section 7-1.23, CUPERTINO shall
cause the contractor to provide a warranty period of at least one (1) year from the acceptance
date.
6. OWNERSHIP AND MAINTENANCE:
A. Upon completion of all work under this Agreement, ownership and title to all materials,
equipment and appurtenances installed as a part of the PROJECT within the city limits of SAN
JOSE and SARATOGA will automatically be vested in SAN JOSE and SARATOGA
respectively, and all materials, equipment and appurtenances installed as a part of the PROJECT
within the city limits of CUPERTINO will be vested in CUPERTINO, and no further agreement
will be necessary to transfer ownership.
B. This Agreement does not change any authority or responsibility between CUPERTINO, SAN
JOSE, or SARATOGA with regard to maintenance, operation or further repair responsibility.
7. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:
Any contractor(s) hired by any Party to perform the work included in the PROJECT shall not be an
agent or employee of any Party and will perform such work as independent contractor. All persons
employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with
the work in the PROJECT shall not be employees of any Party in any respect.
8. TERMINATION:
Once CUPERTINO has awarded the construction contract for the PROJECT, the Agreement can be
terminated only upon the mutual written consent and terms acceptable to all parties.
9. NO PLEDGING OF EITHER CITY’S CREDIT:
Under no circumstances shall either CUPERTINO, SAN JOSE or SARATOGA have authority or power
to pledge the credit of the other public entity or incur obligation in the name of the other public entity.
10. NO THIRD PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party
or parties and no third party or parties shall have any claim or right of action hereunder for any cause
whatsoever.
11. AMENDMENTS:
No alternation or violation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties and incorporated into this Agreement
12. NOTICES:
Notices are to be sent as follows:
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Page 5 of 11
To SAN JOSE: Noe Veloso
Division Manager of Pavement Maintenance
City of San José
1404 Mabury Road
San Jose, CA 95133
To CUPERTINO: Roger S. Lee
Assistance Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To SARATOGA: John Cherbone
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
13. SEVERABILITY CLAUSE:
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal,
or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain
in full force and effect.
14. ENCROACHMENT PERMITS:
All Parties to this Agreement will cooperate and /or provide access to its consultants, engineers and
contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall obtain
street opening permit from SAN JOSE / SARATOGA and SAN JOSE / SARATOGA shall provide
such a permit at no cost.
15. HOLD HARMLESS/INDEMNIFICATION:
Neither of the respective Parties, their respective City Council, employees, officers, agents and assigns
shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
done by the other party in connection with the PROJECT.
It is understood and agreed that pursuant to California Government Code Section 895.4, the respective
Parties shall fully indemnify and hold the others harmless from any liability imposed for injury (as
defined in Government Code Section 810.8) by reason of anything done or omitted to be done by
CUPERTINO, SAN JOSE or SARATOGA in connection with any work, authority or jurisdiction
delegated to the respective Party under this Agreement. This hold harmless and indemnification
provision shall apply to any activities, error or omission of the respective Party and/or the Party’s
officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said City
or such person or entities as are specifically authorized and empowered by the respective Party to act for
the Party. For the activities, errors, and/ or omissions of the contractor retained for the Project, each
Party shall defend, indemnify and hold harmless the other Parties to the fullest extent legally possible
for all work performed in that Party’s jurisdiction.
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Page 6 of 11
15. CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for
convenience only and shall not be considered nor referred to for resolving questions of interpretation of
this Agreement.
16. INSURANCE REQUIREMENTS:
CUPERTINO shall require any contractor awarded a contract for any portion of the work to be done on
the Project to secure and maintain in full force and effect at all times during construction and
performance of the Project, and until said Project is accepted by all PARTIES, and any other time
periods specified in the 2015 PAVEMENT MAINTENANCE PROJECT - PHASE 1 (Project No. 2015-
22) and 2015 PAVEMENT MAINTENANCE PROJECT - PHASE 2 (Project No. 2015-24) contract
documents, bodily injury insurance, and property damage insurance, at no additional cost to either SAN
JOSE or SARATOGA, with coverage amounts, required endorsements, certificates of insurance, and
coverage verifications satisfactory and acceptable to all PARTIES. SAN JOSE and SARATOGA, their
respective City Council, commissions, officers, employees, volunteers and agents are hereby added as
additional insureds on the commercial general liability policy with respect to liability arising out of
Contractor’s work for CUPERTINO on this Project.
It is mutually understood that during the term of the construction activities on the PROJECT,
CUPERTINO will require the successful contractor to carry commercial general liability in amounts of
not less than Two Million Dollars ($2,000,000); automobile liability in an amount not less that One
Million Dollars ($1,000,000); and, a Workers’ Compensation Insurance policy with policy limits in an
amount not less than One Million Dollars ($ 1,000,000).
17. STATUTES AND LAW GOVERNING CONTRACT:
This Agreement shall be governed and construed in accordance with the statues and laws of the State of
California. CUPERTINO shall require that any contractor awarded a contract for any portion of the
work to be done on the Project shall comply with the requirements for prevailing wage under Labor
Code Section 1770, et seq.
18. WAIVER:
The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant
shall not be construed as a waiver of any other term, condition or covenant or breach of any other term,
condition or covenant.
19. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between CUPERTINO, SAN JOSE and SARATOGA
relating to the PROJECT. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this Agreement are of no force or effect.
20. OTHER AGREEMENTS:
This Agreement shall not prevent either Party from entering into similar agreements with others. The
Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the
following signatures of their duly authorized representatives. It is intent of the Parties that this
Agreement shall become operative on the effective date.
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Page 7 of 11
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following
signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become
operative on the Effective Date.
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Page 8 of 11
CITY OF CUPERTINO, CALIFORNIA,
10300 Torre Avenue
Cupertino, California 95014
Phone: (408) 777-3212
Fax: (408) 777-3366
APPROVED AS TO FORM:
____________________________ _____________________________
CAROL KARODE DAVID BRANDT
City Attorney City Manager
ATTEST:
___________________________________
GRACE SCHIMDT
City Clerk
CITY OF SAN JOSE, CALIFORNIA
200 E. Santa Clara Street
San Jose, CA 95112
Phone: (408) 277-5777
Fax: (408) 277-3131
APPROVED AS TO FORM:
_____________________________________ By: _____________________________________
JON CALEGARI JULIE EDMONDS-MARES
Deputy City Attorney Deputy City Manager
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Page 9 of 11
CITY OF SARATOGA, CALIFORNIA
13777 Fruitvale Avenue
Saratoga, California 95070
Phone: (408) 868-1239
Fax: (408) 868-1281
APPROVED AS TO FORM:
_____________________________________ By: _____________________________________
XXX James Lindsay
Shute, Mihaly & Weinberger LLP City Manager
ATTEST:
______________________________________
Debbie Bretschneider, Acting City Clerk
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Page 10 of 11
EXHIBIT “A”
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
The project consists of removing and repairing approximately 500 tons of asphalt and installation of 3850
square yards of type II slurry in San Jose along with replacement of affected traffic striping and traffic
detector loops of the San Jose portion of De Anza Boulevard at Prospect Road intersection and De Anza
Boulevard at Bollinger Road intersection. The work to be performed within Saratoga will consist of
removing and replacing approximately 300 tons of asphalt in Saratoga along with replacement of affected
traffic striping and traffic detector loops of the Saratoga portion of De Anza Boulevard at Prospect Road
intersection. The project shall also include traffic control, subgrade preparation, replacing of all affected
traffic striping / loop detectors, lowering and raising manholes, water valve boxes and monument as
required. An “Agency Quantity Worksheet” is attached for reference. Approximately 25% of De Anza
Boulevard at Prospect Road intersection and approximately 50% De Anza Boulevard at Bollinger Road
intersection are within the City of San José’s jurisdiction. Approximately 50% of De Anza Boulevard at
Prospect Road intersection are within the City of Saratoga’s jurisdiction. The remaining area is within the
City of Cupertino’s jurisdiction.
SAN JOSE to provide striping/marking plan and field layout of permanent striping/markings and approve
lay out for traffic loop replacement for their portion of De Anza Boulevard at Bollinger & De Anza
Boulevard at Prospect intersections.
SARATOGA to provide striping/marking plan and approve lay out for traffic loop replacement for their
portion of De Anza Boulevard at Prospect intersection.
The work to be performed is fully described in the 2015 PAVEMENT MAINTENANCE PROJECT -
PHASE 1, (Project No. 2015-22) and 2015 PAVEMENT MAINTENANCE PROJECT - PHASE 2 (Project
No. 2015-24) contract documents.
The contract documents are herein incorporated to this Agreement by reference.
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Page 11 of 11
AGENCY QUANTITY WORKSHEET
Description Unit Unit Cost San Jose Qty Saratoga Qty Cupertino QtyTotal Qty Total Cost San Jose Cost
Saratoga
Cost Cupertino Cost
Traffic Control LS 20,000$ 5,400.00$ 3,200.00$ 11,400.00$ 5,400.00$ 3,200.00$ 11,400.00$
Hot Mix Asphalt, 1/2" Maximum, Type c TN 93$ 501 295 1724 2520 234,454$ 46,625$ 27,457$ 160,371$
Cold Plane and Remove 4" AC SY 7$ 2250 1325 7739 11314 76,143$ 15,143$ 8,917$ 52,083$
Adjust Survey Cover EA 255$ 1 1 255$ -$ -$ 255$
Lower Manhole EA 273$ 1 2 3 819$ -$ 273$ 546$
Lower Cleanout / Water / Gas Valve Cover Prior to Cold Planing EA 180$ 7 9 16 2,880$ -$ 1,260$ 1,620$
Adjust Manhole Covers to Finish Grade EA 301$ 1 2 3 903$ -$ 301$ 602$
Adjust Cleanout / Water / Gas Valve Cover to Finish Grade EA 180$ 7 9 16 2,880$ -$ 1,260$ 1,620$
6" White (Thermo)LF 1$ 107 107 57$ -$ 57$ -$
12" White Crosswalk/Limit Line (Thermo)LF 3$ 376 522 1000 1898 5,827$ 1,154$ 1,603$ 3,070$
12" Yellow Crosswalk (Thermo)LF 3$ 0 0 -$ -$ -$ -$
Striping Detail # 21 (Thermo)LF 1$ 48 36 84 58$ -$ 33$ 25$
Striping Detail 38C LF 3$ 40 40 120$ -$ -$ 120$
Striping Detail # 39 (Thermo)LF 1$ 70 70 35$ -$ -$ 35$
"STOP" Legend (Pre-formed Thermo)EA 350$ 1 1 350$ -$ -$ 350$
Bike Lane Symbol Left Facing (Pre-formed Thermo)EA 415$ 2 2 830$ -$ 830$ -$
Arrow Type IV (Pre-formed Thermo)EA 450$ 3 8 6 17 7,650$ 1,350$ 3,600$ 2,700$
Replace Traffic Signal Loops EA 301$ 24 16 26 66 19,866$ 7,224$ 4,816$ 7,826$
TYPE III Arrow SY 170$ 1 2 3 510$ -$ 170$ 340$
Arrow Type VII (L) (Pre-formed Thermo)EA 1 8 9 -$ -$ -$ -$
Striping Detail 10 LF 120 120 -$ -$ -$ -$
TYPE II Slurry (Bollinger west of De Anza)SY 2$ 3833`2751 6584 11,193$ 6,517$ -$ 4,677$
Thru Arrow EA 1 1
4" Yellow EA 418 418 -$ -$ -$ -$
Bike Lane Loop Detector EA 300$ 1 1 2 600$ 300$ -$ 300$
Adjust Storm Drain Grates EA 375$ 2 2 750$ -$ -$ 750$
Weekend Differential Pay LS 10,000$ 2,700$ 1,700$ 5,600$
TOTAL 86,413$ 55,477$ 254,290$
Total + 10% Contingency $95,054 $61,025
Total + 10% Contingency + 10% Administrative Fee $104,560 $67,127
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Attachment 2
Site Map
SARATOGA CITY COUNCIL
MEETING DATE: October 21, 201
DEPARTMENT: Public Works
PREPARED BY: John Cherbone,
SUBJECT: Landscaping & Lighting Assessment District LLA
renewal of the District for FY
RECOMMENDED ACTION:
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA
beginning on July 1 and/or annex new Zones. A brief summary of each Resolution is as follows:
1. Resolution describing improvements and directing preparation of the Engineer’s
Report - This is the Resolution required under Streets & Highways Code Section
initiate the annual renewal process for the existing assessment district and the annexation of
new Zones for the ensuing fiscal year. The Resolution references the proposed
improvements to be provided by the district (Exhibit A), and directs the
Engineer’s Report required under S&H Code Section 22565.
2. Resolution appointing Attorneys
the attorneys for the District throughout the renewal process, and limits their fees in
connection with this work to $500.
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
will be implemented during the renewal process if necessary.
Procedurally this means that assessment ballots will be mailed to those property owners within
the District whose initial proposed assessments are either 1) higher than in any previous year and
SARATOGA CITY COUNCIL
, 2015
John Cherbone, Public Works Director
Lighting Assessment District LLA-1; Resolutions initiating
renewal of the District for FY 16-17.
Move to adopt the Resolution describing improvements and directing preparation of the
Resolution appointing the Attorney’s for the District.
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping & Lighting Assessment District LLA-1 for the upcoming fiscal year
eginning on July 1 and/or annex new Zones. A brief summary of each Resolution is as follows:
Resolution describing improvements and directing preparation of the Engineer’s
This is the Resolution required under Streets & Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district and the annexation of
new Zones for the ensuing fiscal year. The Resolution references the proposed
improvements to be provided by the district (Exhibit A), and directs the preparation of the
Engineer’s Report required under S&H Code Section 22565.
Resolution appointing Attorneys - This Resolution appoints the City Attorney’s office as
the attorneys for the District throughout the renewal process, and limits their fees in
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
wal process if necessary.
Procedurally this means that assessment ballots will be mailed to those property owners within
the District whose initial proposed assessments are either 1) higher than in any previous year and
1; Resolutions initiating
Move to adopt the Resolution describing improvements and directing preparation of the
Attached are two Resolutions the City Council must adopt to initiate the annual process of
1 for the upcoming fiscal year
eginning on July 1 and/or annex new Zones. A brief summary of each Resolution is as follows:
Resolution describing improvements and directing preparation of the Engineer’s
22622 to
initiate the annual renewal process for the existing assessment district and the annexation of
preparation of the
This Resolution appoints the City Attorney’s office as
The provisions of SB 919 (The Proposition 218 Omnibus Implementation Act) adopted by the
State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective on July 1, 1997,
Procedurally this means that assessment ballots will be mailed to those property owners within
the District whose initial proposed assessments are either 1) higher than in any previous year and
80
who have not previously voted on their assessments, 2) higher than what was authorized via
balloting conducted in a previous year, or 3) annexation of new Zones. As in previous years,
ballots will be separately tabulated at the close of the Protest Hearing for each Zone that may be
voting. Only those ballots returned by the close of the Protest Hearing will count towards
determining whether a majority protest exists.
FISCAL IMPACTS:
The costs associated with administering the Landscaping & Lighting Assessment District are
recovered via the assessments levied against the properties, which receive special benefit from
the services provided through the District. A detailed analysis of the proposed financing for the
District in FY 16-17 will be provided in the Engineer’s Report.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
One or both of the Resolutions would not be adopted. This would delay initiating the process to
renew the District for FY 16-17.
FOLLOW UP ACTION(S):
Work on the Engineer’s Report will begin.
ATTACHMENTS:
1. Resolution describing improvements and directing preparation of the Engineer’s Report.
2. Resolution appointing Attorneys.
81
1
RESOLUTION NO.
A RESOLUTION DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR FISCAL YEAR 2016-2017
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
1. The City Council did, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California,
conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting
Assessment District LLA-1 and for the levy and collection of assessments for fiscal year 1980 -
1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950-
D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and
the Improvements and Confirming the Diagram and Assessments;
2. The public interest, convenience and necessity require, and it is the intention of
said Council to undertake proceedings for the levy and collection of assessments upon the several
lots or parcels of land in said District, for the construction or installation of improvements,
including the maintenance or servicing, or both, thereof, for the fiscal year 2016-2017.
3. The improvements to be constructed or installed, including the maintenance or
servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by
reference incorporated herein.
4. The costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries
of which District are the composite and consolidated area as more particularly shown on a map
thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made
for further particulars. Said map indicates by a boundary line the extent of the territory included
in said District and of any zone thereof and shall govern for all details as to the extent of the
assessment district.
5. The Engineer of said City be, and is hereby, directed to prepare and file with said
Clerk a report, in writing, referring to the assessment district by its distinctive designation,
specifying the fiscal year to which the report applies, and, with respect to that year, presenting the
following:
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2
a) plans and specification of the existing improvements and for proposed
new improvements, if any, to be made within the assessment district or
within any zone thereof;
b) an estimate of the costs of said proposed new improvements, if any, to be
made, the costs of maintenance or servicing, or both, thereof, and of any
existing improvements, together with the incidental expenses in
connection therewith;
c) a diagram showing the exterior boundaries of the assessment district and
of any zones within said district and the lines and dimensions of each lot
or parcel of land within the district as such lot or parcel of land is shown
on the County Assessor's map for the fiscal year to which the report
applies, each of which lots or parcels of land shall be identified by a
distinctive number or letter on said diagram; and
d) a proposed assessment of the total amount of the estimated costs and
expenses of the proposed new improvements, including the maintenance
or servicing, or both, thereof, and of any existing improvements upon the
several lots or parcels of land in said district in proportion to the estimated
particular and distinct benefits to be received by each of such lots or
parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental
thereto.
6. The Office of the Public Works Director of said City be, and is hereby, designated
as the office to answer inquiries regarding any protest proceedings to be had herein, and may be
contacted during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga,
California 95070 or by calling (408) 868-1241.
* * * * * * * *
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 21st day of October, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Howard A. Miller, Mayor
ATTEST:
_________________________________
Debbie Bretschneider, Acting City Clerk
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3
Exhibit A
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof,
of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains
and other ornamental structures and facilities, and public lighting facilities for the lighting of any
public places, including traffic signals, ornamental standards, luminaries, poles, supports,
tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces,
transformers, insulators, contacts, switches, capacitors, meters, communication circuits,
appliances, attachments and appurtenances, including the cost of repair, removal or replacement
of all or any part thereof, providing for the life, growth, health and beauty of landscaping,
including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury;
the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or
other illuminating agent for any public lighting facilities or for the lighting or operation of any
other improvements; and the operation of any fountains or the maintenance of any other
improvements including storm water improvements connected to National Pollutant Discharge
Elimination System (NPDES) permit requirements.
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RESOLUTION NO.
A RESOLUTION APPOINTING ATTORNEYS
FOR FISCAL YEAR 2016-2017
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-1
RESOLVED, by the City Council of the City of Saratoga, California, that
WHEREAS, the City Council has determined to undertake proceedings for the levy and
collection of assessments upon the parcels of land in the City of Saratoga Landscaping and
Lighting Assessment District LLA-1 pursuant to the Landscaping and Lighting Act of 1972 for
the construction or installation of improvements, including the maintenance or servicing, or both,
thereof for the fiscal year 2016-2017; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing attorneys for the preparation and conduct of said proceedings;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That the law firm of Shute, Mihaly & Weinberger be, and it is hereby appointed
and employed to do and perform all legal services required in the conduct of said proceedings,
and that its compensation be, and it hereby is fixed at not to exceed $500.00.
* * * * * * *
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 21st day of October, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Howard A. Miller, Mayor
ATTEST:
_________________________________
Debbie Bretschneider, Acting City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: Community Development
PREPARED BY: Kirk Heinrichs, Special Projects Manager
SUBJECT: Authorize the City Manager to
with Godbe Research for Public Opinion Polling
Plan Update Process
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to enter into
with Godbe Research for public opinion polling
Process for an amount not to exceed $28,670
BACKGROUND:
On September 2, 2015 the City Council approved a work plan to implement the community
outreach phase of the Saratoga Village Plan Update process. The community outreach effort
includes the retention of professional services to
are available to expand the City’s outreach
meeting it would return to the Council
· Authorization to engage a professional
demographic poll that is representative of
the Village.
· Provide Council an overview of how
public engagement of the community.
· Provide a budget estimate for the
update process.
SARATOGA CITY COUNCIL
October 21, 2015
Community Development
Kirk Heinrichs, Special Projects Manager
e the City Manager to Enter Into a Professional Services Agreement
Godbe Research for Public Opinion Polling for the Saratoga Village
Adopt a resolution authorizing the City Manager to enter into a professional services agreement
with Godbe Research for public opinion polling in support of the Saratoga Village Plan Update
$28,670.
, 2015 the City Council approved a work plan to implement the community
f the Saratoga Village Plan Update process. The community outreach effort
of professional services to facilitate the use of social media platforms
outreach beyond traditional methods. Staff indicated at that
it would return to the Council with the following:
ization to engage a professional public opinion polling firm to conduct a
poll that is representative of Saratoga’s population regarding its views
overview of how new social media platform can be used to enhance
the community.
ovide a budget estimate for the community outreach component of the Vision Plan
Agreement
the Saratoga Village
agreement
in support of the Saratoga Village Plan Update
, 2015 the City Council approved a work plan to implement the community
f the Saratoga Village Plan Update process. The community outreach effort
platforms that
at that
regarding its views on
enhance
of the Vision Plan
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DISCUSSION:
The approved community outreach strategy includes social media platforms as well as grassroots
efforts to engage the community on their thoughts and views of the Village and Village Specific
Plan. To assist the City in the areas of engagement through professional public opinion polling
and crowd sourcing, the City is proposing to contract with firms that include expertise in these
areas.
Public Opinion Polling
Godbe Research is a full service public opinion research agency that has conducted over 2,200
public opinion polls. The City used Godbe in 2002 to poll residents on the level of satisfaction
of city services.
When considering this project, Godbe distinguished itself from the other leading firm with the
use of a hybrid survey process whereby the survey is conducted using both telephone and
internet (email) surveying techniques. Godbe will poll a representative demographic sample of
Saratoga voters and non-voters using both telephone (generally age 50 and above) and internet
survey of respondents (generally ages 18-50).
The internet survey will have the capacity to be translated to Chinese traditional (Mandarin or
Cantonese) and Godbe will employee a Mandarin translator for the phone survey.
Examples of questions that will be asked are:
· How often do you patronize the Village?
· When you patronize the Village, what kinds of businesses do you patronize?
· If you don’t patronize the Village, why not?
· What would compel you to patronize the Village more often?
· Are there aspects of the Village you would like to see improved?
The poll will be conducted in February after the other social media initiatives have been
launched. A representative from Godbe will be available at the meeting to answer questions.
Saratoga Village Plan Website
A Saratoga Village Plan website will be developed and dedicated to providing information about
the Village and the Village Plan update process. The URL will be www.saratogavillageplan.org
and will be linked to the City’s website.
The City will be looking to drive the community to this webpage through the City’s webpage, its
various social media platforms, city newsletter, grass roots outreach and word of mouth. There
the user can navigate the site to find information and updates on the Village Plan Update process,
be educated on the Village Plan and Design Guidelines, informed about Village activities and
events, and directed to a crowd sourcing site where the user can be engaged in a survey or poll
about the Village. .
Social Media Crowd Sourcing
The City has been active for some time using familiar social media platforms like Facebook,
Twitter and Next Door to inform and promote civic activities and disseminate information.
Staff is proposing to use a product called Open Town Hall hosted by a company called Peak
Democracy. The platform falls into the broad category of crowd sourcing but is really designed
87
specifically for polling and surveys on a very specific subject. Generally speaking, crowd
sourcing is a technology platform used by government and private business to tap into the
collective wisdom of a community to accomplish a specific task.
Open Town Hall has been used over the last few years by several cities in the region including
Palo Alto, Menlo Park, Cupertino, Sunnyvale, San Mateo and Fremont to pose specific questions
to constituents seeking views on everything from General Plan updates to land use issues to what
decorative streetlight banners are preferred.
Cities have historically struggled with how best to engage their communities on the issues of the
day, be it budget, policy or public and private development projects. The hectic pace at which
Silicon Valley moves makes difficult the traditional model of sitting through hours of public
hearings and community meetings.
Using a social platform designed specifically for soliciting feedback to very specific subjects or
questions allows the City to engage efficiently a segment of the community that typically isn’t
inclined to participate in the public discourse because of the inconvenience of traditional
methods. It is a way to extend the Godbe survey to hopefully a broader spectrum of the
community.
The platform is still relatively new in that it has only been used for the last six or seven years in
the Bay Area. And while it clearly appears that cities are moving more and more to social media
engagement with its constituents, like any new platform, participation can be slow coming based
on the experiences shared with staff by other cities. That said, they also expressed a level of
success that is being achieved by reaching those that otherwise would not participate in the
public process.
Staff found that Peak Democracy has distinguished itself over other vendors by its full service
approach. Among its many products, the most commonly used is Open Town Hall. The product
is versatile allowing the city to use a variety of options for configuring a topic from open
feedback to polling, surveying, and priority listing. Staff anticipates using polling questions but
has the ability to change or add to the narrative.
In addition to the provision of standard reports on polling results, it does a good job in
monitoring illicit activity. While staff doesn’t anticipate uncivil or fraudulent activity during this
process, if found it is important to have safeguards to ensure community feedback is honest and
trustworthy. Peak Democracy service includes civility and fraudulent registration monitoring.
The key to successful engagement will be driving the community to the Village Plan website.
The user will be able to access Open Town Hall either directly or via the City’s website or one of
its other City social media platforms. Staff will use the grass roots efforts, word of mouth, its
website as well other social media platforms to drive residents to Open Town Hall in an effort to
engage the broadest sector of the community possible.
Once on the Open Town Hall site, the user will be asked to register (email address) to engage the
site. Throughout the process, the City will be building a data base of email addresses so it can
continue to deliver information and engage that population interested in this issue. A
representative of Peak Democracy will be present at the meeting to provide a brief explanation of
how their product works and answer any questions.
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Kick-Off
The “Open House” presentation of the current Village Plan and Design Guidelines to a joint
session of the Planning Commission and Historic Preservation Commission will be conducted on
November 17th and staff will use that opportunity to officially kick-off the community outreach
effort.
FISCAL STATEMENT:
In the 2015/16 CIP, the Council budgeted $100,000 for a review and update of the Village Plan,
a multi-year project. The budget estimate for the community outreach component includes:
· Public Opinion Poll conducted by Godbe Research $28,700
· Development and maintenance of www.saratogavillageplan.org 9,800
· Open Town Hall crowd sourcing platform for broader community survey 7,000
· Estimate of Senior Project Manager time charged to CIP in FY 2015/16 20,000
$65,500
FOLLOW UP ACTION:
Staff will return to the City Council in May, 2016 with the community outreach results and
direction for next steps.
ATTACHMENTS:
Attachment A: Resolution
Attachment B: Godbe Contract
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RESOLUTION NO. 15-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERCVICES AGREEMENT WITH GODBE RESEARCH TO CONDUCT RESIDENT
SATISFACTION POLLING ON THE VILLAGE
. . .
WHEREAS, .the Saratoga City Council approved under the Administrative and
Technology Improvement Program of the 2015/16 Capital Improvement Program funding for the
review and update of the Village Specific Plan; and
WHEREAS, on September 2, 2015 the City Council approved a work plan for carrying
out a community outreach effort to engage the community on their views of the Village; and
WHEREAS, one component of the community outreach effort is to employ a
professional public opinion polling firm to poll a demographic representation of the Saratoga
Community on the Village; and
WHEREAS, Godbe Research has been found to have the expertise and the resources
needed to ensure an accurate representation of the community is surveyed and the results
quantified and reported with precision.
NOW, THEREFORE BE IT RESOLVED, the Saratoga City Council hereby authorizes the
City Manager to enter into a professional services agreement with Godbe Research for polling
Saratoga residents on the Village for an amount not to exceed $28,670.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 21st day of October 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Howard A. Miller, Mayor
ATTEST:
DATE:
Debbie Bretschneider,
Acting City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: James Lindsay, City Manager
SUBJECT: Consider Partnership with Montalvo Arts Center
RECOMMENDED ACTION:
Provide direction to staff.
BACKGROUND:
Montalvo Arts Center has approached the City
program. The City’s role would be to provide a public space
continue to be displayed for a defined time period
Grounds program. Works produced through the program range from sculptural objects to time
based performance events and experiences, durational projects developing out of communi
engagement activities and workshops, sound works, and interventions.
Blaney Plaza has been identified as one location where art could be displayed on a temporary
basis. A small display area for art was also created at the southwest corner of Saratoga
Sunnyvale and Prospect Roads during
Other cities in the area also use public parks to display art.
The City does not have an up-to-date
spaces. The City previously had an Arts Commission
and staffing constraints. The Public Art Policy adopted by the City Council in 2003 has been
provided as Attachment A for information.
The Edible Dress Tent (by Robin Lasser and Adrienne Pao) art piece will soon be removed from
the Art on the Grounds program at Montalvo. Information about this piece
Attachment B. This would be the first a
Blaney Plaza. Public Works staff have reviewed the dimensions and the piece would fit where
the Italian Stone Pine had been.
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
, City Manager
Consider Partnership with Montalvo Arts Center to Display Art in Public Spaces
Montalvo Arts Center has approached the City to partner with them on their Art on the Grounds
The City’s role would be to provide a public space(s) where certain art pieces could
for a defined time period after they are rotated out of the Art on the
Works produced through the program range from sculptural objects to time
based performance events and experiences, durational projects developing out of communi
engagement activities and workshops, sound works, and interventions.
Blaney Plaza has been identified as one location where art could be displayed on a temporary
A small display area for art was also created at the southwest corner of Saratoga
s during the gateway streetscape improvements several years ago.
area also use public parks to display art.
process to review and approve the display of art in public
an Arts Commission that was suspended in 2005 due to
and staffing constraints. The Public Art Policy adopted by the City Council in 2003 has been
s Attachment A for information.
(by Robin Lasser and Adrienne Pao) art piece will soon be removed from
the Art on the Grounds program at Montalvo. Information about this piece is provided
. This would be the first art piece the City could partner on and possibly display at
Blaney Plaza. Public Works staff have reviewed the dimensions and the piece would fit where
Art in Public Spaces
Art on the Grounds
where certain art pieces could
the Art on the
Works produced through the program range from sculptural objects to time-
based performance events and experiences, durational projects developing out of community
Blaney Plaza has been identified as one location where art could be displayed on a temporary
A small display area for art was also created at the southwest corner of Saratoga-
the gateway streetscape improvements several years ago.
process to review and approve the display of art in public
to budget
and staffing constraints. The Public Art Policy adopted by the City Council in 2003 has been
(by Robin Lasser and Adrienne Pao) art piece will soon be removed from
is provided as
display at
Blaney Plaza. Public Works staff have reviewed the dimensions and the piece would fit where
121
DISCUSSION:
Staff is seeking direction from the Council on partnering with Montalvo Arts Center on their Art
on the Grounds program to display art in public spaces. If such a partnership is desired, then we
would like direction on the preferred process to review and approve art pieces for display and at
what locations. The Council may also choose to provide specific direction on installing the
Edible Dress Tent at Blaney Plaza for a defined time period.
ATTACHMENTS:
A. 2003 Public Art Policy
B. Edible Dress Tent information
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By Robin Lasser, Adrienne Pao
"EDIBLE DRESS TENT" (2012) BY ROBIN LASSER & AD
PAO
Edible Garden Dress
Tent by Robin
Lasser + Adrienne
Pao
from Robin Lasser
03:23
Edible Garden Dress Tent by Robin Lasser + Adrienn
Pao from Robin Lasser on Vimeo.
Tweet 0 17LikeLike 0
Location:West Lawn
(Back to Art on the Grounds)
Bay Area-based artists Robin Lasser and Adrienne Pao have created an edible dress tent that acts both
as wearable architecture and a living sculpture. Part of a series of Dress Tents that blend fashion,
architecture, performance art and photography, Edible Dress Tent responds to iconic architectural
features at Montalvo such as its Garden Gazebo and the archways of the Historic Villa, as well as
Montalvo's lush gardens and historic and contemporary focus on edible gardening practices. The
structure is comprised of backyard patio awning material and fencing supporting the growth of peas,
beans, yellow squash, tomatoes, and other delicious plantings. The interior of the tent houses a publicly
accessible swing and features a soundtrack that layers human and bird pickup lines, mating calls and
songs. As a tribute to the contemporary urban farming movement currently sweeping the nation, an
oversized urban farmer located atop the 15 foot structure will wear the Dress Tent periodically and
activate the project by performing minimal gestures of plant cultivation.
This project was supported by the following individuals: Fabrication services by James Stone, Anthony
Teixeira and Sasha Vermel; Garden and Grounds partners include Delmar McComb, Leif Ibsen and Dan
North; On-site performer: Lauren Baines.
Artists' Statement
Each dress tent in our Dress Tents series speaks to a sense of place and playfully challenges a female
fantasy or myth. Edible Dress Tent is a tribute to the formal gardens situated on Montalvo’s grounds and
the contemporary urban farming movement sweeping the nation. Each piece of wearable architecture
in our Dress Tents series blends fashion, architecture, performance art and photography. In this dress
tent, the fashion alludes to sexy farmer’s overalls and the architecture of the dress tent is reminiscent
of the garden gazebo. The iconic archways of Villa Montalvo are also drawn upon as inspiration.
Edible Dress Tent serves as an intimate summer retreat. Her dress tent “awning” provides shelter from
the hot sun and her vines supply edible delights for artist resident’s salads. Her dress also functions as
an attractor for local birds and butterflies. Foods, pollens, scents, and flowers become elements of
allure, beckoning humans and animals alike. The interior of the dress tent is a listening station, which
further highlights animal and human attraction through a soundtrack that layers human and bird pickup
lines, mating calls and songs. The dress tent is a conflation of backyard garden, fashion and
architecture. It is also a social sculpture, a habitat for meditation on the interdependent nature of
desire as experienced at Montalvo. The formal gardens and grounds are filled with the romance of
visiting artists, newlyweds, nature lovers, and the birds and the bees.
A live performer who replaces the cast aluminum dress form on multiple occasions will wear Edible
Dress Tent.
--Robin Lasser and Adrienne Pao
Visit the project website at edibledresstent.weebly.com
MONTALVO ARTS CENTER® :: 15400 MONTALVO RD :: PO BOX 158 :: SARATOGA, CA 95071-0158 :: +1-408-961-5800 | Contact | Organization | Press | Board | Directions | Privacy Policy
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SARATOGA CITY COUNCIL
MEETING DATE: October 21, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: James Lindsay, City Manager
SUBJECT: Letter to Congresswoman Eshoo Supporting Local Control
RECOMMENDED ACTION:
Authorize Mayor Miller to sign the letter on behalf of the City Council.
BACKGROUND:
At the September 16, 2015 City Council meeting, Council directed staff to draft a letter to the
Federal Government regarding granting more local control on the placement of wireless
facilities. A draft letter to Congresswoman Anna Eshoo is attached for the Council’s review and
to provide authorization to the Mayor to sign on behalf of the City Council.
ATTACHMENTS:
1. Draft letter
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
, City Manager
Letter to Congresswoman Eshoo Supporting Local Control
Miller to sign the letter on behalf of the City Council.
At the September 16, 2015 City Council meeting, Council directed staff to draft a letter to the
Federal Government regarding granting more local control on the placement of wireless
ilities. A draft letter to Congresswoman Anna Eshoo is attached for the Council’s review and
to provide authorization to the Mayor to sign on behalf of the City Council.
At the September 16, 2015 City Council meeting, Council directed staff to draft a letter to the
Federal Government regarding granting more local control on the placement of wireless
ilities. A draft letter to Congresswoman Anna Eshoo is attached for the Council’s review and
140
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-
1200
COUNCIL MEMBERS:
Mary-Lynne Bernald
Manny Cappello
Rishi Kumar
Emily Lo
Howard Miller
October 21, 2015
Congresswoman Anna Eshoo
District COS
898 Emerson Street
Palo Alto, CA 94301
Dear Congresswoman Eshoo:
On behalf of the Saratoga City Council, I would like to express our appreciation for your
continued attention to local issues affecting constituents we jointly serve. We are grateful for
your involvement in addressing the increased aircraft noise impacting Saratoga and surrounding
cities. Your involvement is encouraging as cities are continuing to experience an erosion of local
control.
As you know neighborhood level issues including zoning, issuing permits, and local code
development are fundamental responsibilities of local governments. Federal policies should not
undermine these activities or preempt local authority to protect the health, safety and welfare of
local residents. Furthermore, preemptive policies constrain the ability of local elected officials to
tailor policies to local needs and demands.
Wireless telecommunication facilities permitting raises political and legal issues that are
becoming evermore complex. Cities already must comply with various federal laws, FCC
regulations and orders, state statutes and their own local ordinances when wireless providers
come before them for approvals to place new antennas and equipment on existing sites or
otherwise modify or expand existing wireless facilities. Cities also often face public opposition
to the wireless facilities and threats of litigation from wireless providers. All of these factors can
impact the approval process and the proposed deployment.
We ask you to keep the issue of local control in mind in your work on the House Committee on
Energy and Commerce.
Most sincerely,
Howard A. Miller
Mayor
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