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HomeMy WebLinkAbout06-01-1983 CITY COUNCIL AGENDACITY OF SARATOGA AGL.'vDA BILL NO. Dept. Hd. DATE: June 1, 1983 C. AtC DEPT: Administrative Services C. Mgr. SUBJECT: Contract With State Personnel Board, Cooperative PersonnVl Services Issue Summary The City of Saratoga staff is contemplating the use of standardized testing devices for recruitment of candidates for Community Service Officer, Planning Aide, and possibly other positions. The California State Personnel Board, Division of Cooperative Personnel Services (CPS), a non - profit organization, provides job related written exams on & rental basis. In order to preview potential exams, and /or rent exams for our use, the.City Council must adopt a Resolution and enter into a contract for services. Approval of the Resolution and contract does not.obligate the City to use the services. Recommendation Adopt Resolution No. and authorize the City Manager to execute contract agreement. Fiscal Impacts None at this time. If specific testing services are to be used, costs will need to be determined at the time recruitment is initiated. Exhibits /Attachments Resolution No. 2061 Cost Service Agreement Cost Service Contract Rules and Procedures, Exhibits A and B List of Other Agencies Using CPS Council Action 6/1: Clevenger /Fanelli moved to adopt. Passed 4 -0. RESOLUTION.NO. A RESOLUTION OF THE CITY OF SARATOGA AUTHORIZING A COST SERVICE CONTRACT AGREEMENT WITH THE STATE PERSONNEL BOARD WHEREAS, the City Council of the City of Saratoga desires to enter into the Agreement entitled "Cost Service Contract Agreement" with the State Personnel Board, and WHEREAS, the City Council hereby authorizes the City Manager, Wayne Dernetz, to execute said agreement in the name and on behalf of the City of Saratoga. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the "Cost Service Contract Agreement" with the State Personnel Board. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga on the day of , 1983, by the following vote: AYES: NOES: ABSENT: 109me);� ATTEST: CITY CLERK r. r� COST SERVICE CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this first day of June 19 83 , at Sacramento, County of Sacramento, State of California, by and between the STATE PERSONNEL BOARD, through its duly appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board, and the City of Saratoga hereinafter called the Local Agency. WITNESSETH That the parties, for and in consideration of the convenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit A and 'Written Examination Price List" marked as Exhibit B which are incorporated herein by reference and made a part hereof. Exhibit ,B may be amended by the Board from time to time without renegotiating the contract. Further, the parties agree that the Board shall, as a normal course of action, submit invoices covering those services rendered during a calendar month and the Local Agency agrees to pay such invoices within thirty days following receipt thereof. The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (8/7:7), are incorporated by reference and made a part of this contract. The term of the contract commences June 1, 1983 and terminates June 1, 1986 . This contract may be terminated by either party upon giving the other party 30 days written notice of termination. CPS -2 Page 1 In the event of termination, the Board will be paid such amount as is due under the contract to and including the effective date of termination. CPS -2 (4/78) Page 2 By STATE PERSONNEL BOARD Manager, Cooperative Personnel Services Title LOCAL AGENCY City of Saratoga Name of Agency By Name J. Wayne Dernetz City Manager Title FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. The Contractor will take.affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex *, age *; national origin, or physical handicap *. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his /her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the- Contractor and by his /her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the -price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. STD. 3 (8/77) Exhibit A COST SERVICES CONTRACT RULES AND PROCEDURES Section I - General Conditions In performing the services incident to the planning, scheduling, preparation, construction and scoring of written examinations for classifications to be mutually agreed upon by the Local Agency and the Board, the following provi- sions shall govern: a. Scheduling of Examinations. Whenever during the term of this agreement, the Local Agency desires the services of the Board in the preparation of a written examination for a job classification, the Local Agency will submit to the Board a request for such services. This request shall include examination dates and closing dates for filing applications. These dates shall be set by the Local Agency within the guidelines of the Board to allow sufficient time for examination scheduling and preparation. b. Information to be Furnished by Local Agency. The Local Agency shall supply the Board with a written descrip- tion of the work performed in the classes for which the Local Agency desires an examination prepared, including a statement of the minimum and /or desirable qualifications and the salary of the class. C. Notification of Number of Competitors. Immediately after the closing date for filing applications, but not less than 10 working days prior to the examination date, the Local Agency will notify the Board of the total number of competitors in each classification. d. Preparation of Test Materials. The Board shall construct a written examination, based on the information furnished by the Local Agency, for each job classi- fication for which an examination has been requested by the Local Agency and agreed upon by the Board. e. Transmittal of Test Materials. The Board shall transmit to the Local Agency sufficient exami- nation booklets, instructions for administering the examination and such other material as the Board may deem necessary. Rev 4/1/76 f. Administration of Test and Return of Test ?Materials. The Local Agency shall administer the examination in accordance with instructions provided by the Board and immediately following the examination will return to the Board all used and unused examination booklets, keyed booklets, scoring keys, instructions, and any other materials furnished by the Board and not consumed (except that in such cases as provided in paragraphs I(i), I(j), and I(m) time extensions may be granted by the Board). g. Re -Use of Test Material. The Local Agency requesting test material for use on a specific date will not be allowed to re -use the tests on another date without prior permission of the Board. h. Scoring of Tests. At the discretion of the Local Agency, the responsibility for the scoring of tests may be delegated to the Board. In such cases, the Board will score the answer sheets and report the results, together with a recommended qualifying score, to the Local Agency within 14 working days after the answer sheets are returned to the Board, provided that in unusual circum- stances involving large numbers of competitors or unforeseen difficulties in administration of the test, the Board may extend the period for receipt of results. i. Test Papers Inspection Under Local Agency Policy. If the Local Agency has an officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheets following the examination, and this rule or policy has been submitted in writing to the Board at least 10 days prior to the first examination scheduled under this agreement for which such inspection is desired, the Board will comply with the inspection privileges as officially recognized by the Local Agency except that no inspection shall be allowed for standardized test materials, or tests preduplicated as form tests or semi -form tests, or of questions not scored by an absolute standard. During key inspection a representative of the Local Agency personnel or administrative office will be present to assure that no candidate takes away with him any notes regarding a test question. Upon request of the Local Agency and when sub- mitted in writing by a candidate who participated in the examina- tion, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. j. Test Papers Inspection Under Board Policy. If the Local Agency has no officially adopted rule or established policy regarding candidates' privilege of inspecting a keyed copy of an examination or answer sheet(s) following the examination and wishes to allow such an inspection privilege, the following policy of the Board shall govern: -2- k. 1. Key Inspection. Inspection of a keyed copy of the examination question book, which is for the purpose of requesting a review of such items as the candidate may believe are incorrect or improperly keyed, will be allowed for the five working days immediately following an examination, providing this has been requested by the Local Agency at least 10 days prior to the examination. The inspection time allowed a candidate will not exceed one -half the amount of time originally allowed to answer the question during the administration of the examination. During key inspec- tion a representative of the personnel or administra- tive office of the Local Agency will be present to assure that the candidate takes no-notes of an_ v kind regarding any test materials. Upon request of the Local Agency and when submitted in writing by a candi- date who participated in the examination, the Board will analyze protests resulting from such review and recommend the action to be taken by the Local Agency. 2. Answer Sheet(s) Inspection. Inspection of a candidate's answer sheet(s), which is for the purpose of detecting whether any clerical or other error has been made in the scoring of the answer sheets, shall be allowed for a 14- calendar -day period immediately following the notification to the candidate of examination results. Upon request, the Board will return the candidate's answer sheet(s) after scoring and a copy of a keyed answer sheet(s) to the Local Agency. Candidates are not allowed to review the question booklet during this inspection period. Not more than one hour will normally be allowed for answer sheet(s) review, during which time a representative of the personnel or administrative office of the Local Agency shall be present to assure that no changes or marks of any kind are made by the.candidate on his answer sheet(s) or the keyed answer sheet(s). 3. Certain Tests Not to be Open for Key Inspection. Stan- dardized tests, and tests preduplicated as form tests and semi -form tests, and questions not scored by an absolute standard will not be available for keyed copy inspection nor may candidates be allowed to review copies of these tests at any time. Retention of Test Material by the Board. The Board shall, if requested by the Local Agency, retain the completed question booklets or answer sheet(s) for such reasonable period of time as the Local Agency's rules may prescribe. -3- 1. Agency Responsibilities The Agency shall perform all parts of the examination process, the performance of which has not specifically been requested of and agreed to by the Board, and shall assume responsibility for the conformity of the examination process to any applicable laws, rules, or ordinances and for the examination as a whole. Under the selection guidelines of the Equal Employment Opportunity Commission and the California Fair Employment Practices Commission, the Agency as test user is responsible for the results of the selection process and must be prepared to demonstrate that the process is valid and meets other testing standards if it adversely affects groups protected by fair employment laws. The Agency agrees to hold harmless the Board, its officers, agents, and its employees from, and to indemnify the Board, its officers, agents, and its employees from, any damages or liability which may arise from the use by the Agency of any examination or selection procedure which is the subject of this agreement. M. Extended Usage If the Local Agency wishes to administer examinations on a continuous basis for certain mutually agreed upon classes, the Board may, in its discretion, supply the examination booklets, a scoring key and instruc- tions for extended usage. Extended usage is defined as the Local Agency's retention of examination booklets and instructions after their initial administration for the purpose of readministering them. The Local Agency will score such examinations. n. Security of Test Material All test materials supplied by the Board under this agreement shall be and remain the property of the Board, and shall be held and stored in a manner that will prevent unauthorized persons from having access to it. The Agency agrees to be responsible for the security of all test materials supplied to the Agency and agrees to reimburse the Board for a portion or all of the replacement costs, as determined by the Board, for test materials that are lost or whose value for testing purposes, in the opinion of the Board, may have been destroyed while said test materials were subject to the custody of the Agency. Question booklets shall not be duplicated nor test questions copied by the Agency, under any circumstances. If any test material obtained from the Board should become involved in legal proceedings by a court or other body vested with legal authority, the Agency will take appropriate measures to safeguard the confidentiality of the test material including answer sheets such as by motion for protective order. -4- o. Examination Charges In consideration of the performance by the Board of the testing services specifically described in this Exhibit, the Agency agrees to reimburse the Board in accordance with "Written Examination Price List" (Exhibit B). p. Canceled or Postponed Examinations Agencies may be billed for work done on a canceled or postponed examination up to the time the Board is notified of such action. Under certain circumstances, credit may be given for work already performed if the test is rescheduled. -5- Section II - Special Services r M Upon the request of the Local Agency, the Board, in its discretion, shall supply any or all of the following special services: a. Advice and assistance on examining.procedures and problems. b. Preparation and distribution of examination publicity. c. Distribution, receipt, and appraisal of applications. d. Preparation, administration and scoring of essay, problems and performance tests. e. Advice on and conduct of oral interviews. f. Preparation of eligible lists. g. Preparation of special information or affidavits regarding examinations provided, including giving of depositions and presentations in court required by legal action arising from use of any Board examination. h. Other technical personnel services. Exhibit B to Cost Service Effective Contract Agreement June 1, 1982 COOPERATIVE PERSONNEL SERVICES TEST RENTAL RATES Stock Tests Number of Schedule A _Schedule B Candidates (CPS Scored and (Scored by Scheduled Tabulated) Agency) - - 1 - 10 $189 minimum charge. $135 minimum charge.- - - 11 - 50 $189 plus $3.50 per $135 plus $3.15 per ` candidate over 10. candidate over 10. 51 or more $329 plus $3.30 per $260 plus $2.90 per candidate over 50. candidate over 50. Custom Tests Number. of Schedule A Schedule B Candidates (CPS Scored and (Scored by Scheduled Tabulated) Agency) 1 - 10 $303 minimum charge. $265 minimum charge. 11 - 50 $303 plus $3.90 per $265 plus $3.75 per candidate over 10. candidate over 10. 51 or more $459 plus $3.75 per $415 plus $3.50 per candidate over 50. candidate over 50. Stock "K" Tests* Number of Schedule A Schedule B Candidates (CPS Scored and (Scored by Scheduled Tabulated) Agency) 1 - 10 $198 minimum charge. $144 minimum charge. 11 - 50 $198 plus $3.90 per . "$144 plus $3.75 per candidate over 10. candidate over 10. 51 or more $354 plus $3.75 per $294 plus $3.50 per candidate over 50. candidate over 50. *A Stock "K" test is a custom test which an agency wants to readminister with no change in content. -2- Exhibit B to Cost Service Effective Contract Agreement June 1, 1982 Entry Police (Stock Series 1020) and Entry Fire Tests Number of Schedule A Number of Schedule B Candidates (CPS Scored and Candidates (Scored by` -r =- Scheduled Tabulated) Scheduled Agency 1 or more $89 plus $4.90 1 - 50 $68 plus $4.25 �_• per candidate. per candidate.`;i. 51 or more $280 plus $3.75 per candidate. Entry Police Prepaid Units of POST Test (Form 1022) By prepackaging in units of five tests and avoiding contracting -, billing, and related costs, Form 1022 can be furnished at reduced costs. Rental charges cover all services which go with regular orders, EXCEPT: - (1) Orders must be paid for in advance; (2) Review copies must be paid for in advance; and (3) Return shipping costs must be paid for by using agency. 1 Unit of 5 Tests . . . . . . . . $49.00 Each additional unit (if all units scored and tabulated together) . . . . . . . . . . . . .f. . $52.00 Review Copy . . . . . . . . . . . . . . . . $ 6.25 Beginning June 1, 1982, we will ship tests within one week of Tyour" test date. Put your orders and fees in the mail at least two weeks before your test date. State in your order the test date. All tests, used or not, must be returned, postage paid, First Class mail, postmarked within 15 working days of the Cooperative Personnel Services shipping date. A late charge will be made for tests not returned within the time limit. Rental rates cover a single administration. To order, send a check to cover the full cost of the -order and the name, title, address, and telephone number of the responsible agency official to whom the order is to be shipped. We ship only to a named official who will .be responsible for the test materials. Extended Usage Costs (1) A maximum of 25 test booklets can be released for extended usage; and (2) The cost for extended usage is the first -time cost from the Cooperativ e Personnel Services Test Rental rates, and $87.00 each month thereafter. .- -3- Exhibit B to Cost Service Contract Agreement Effective June 1, 1982 Special Services Listed examination prices cover the cost of normal consultation and exami- nation preparation services. Additional services beyond normal will be charged at the appropriate billing rate or fee. Examples of such services include: .1. Preparation.of special material or revision of existing mate - rials which can be utilized in one agency only; for example, materials covering local building codes, and individual'depart- went rules and regulations. 2. Research and analysis of candidate appeals, at a cost of $45 for each appeal denied. (If an item is found to be faulty, Cooperative Personnel Services will absorb the cost of analyz- ing and responding to the appeal.) 3. An unusually high amount of technical or clerical staff time being spent to meet an agency's examining needs. Several examples are: a. Agencies requesting they be sent review copies of custom test segments will be charged $3.35 per 15- item segment. The charge can be waived for agencies making significant contributions to the quality of the custom test items sent for the test, by sourcing items, rewriting outdated items; or by writing new test items. b. Agencies requesting a lengthy custom written test (120 or more test items) will be charged for actual costs for typing time exceeding three (3) hours. c. Agencies which call in higher candidate counts after the originally estimated number of test booklets has been duplicated and assembled, will be charged for actual costs for any additional press work required to meet the higher candidate count. 4. Proctor services and arrangements for test administration arranged for or provided by Cooperative Personnel Services. 5. General consultation on selection systems and other services not directly related to a specific examination. 6. Scoring or problem and essay type questions. 7. Preparation of special information regarding the content, coverage, or validity of the provided examination, preparation of affidavits, giving of depositions, and preparation for an -4- Exhibit B,to'Cost Service Effective Contract Agreement June 1, 1982 appearance in court which is required in connection with h any legal action pertaining to the use of any examination provided by the Board. Responsibility for Selection Process . "w1 State and Federal selection guidelines indicate the employer is responsible for the results of the selection process and must be prepared to demonstrate =:'_" that the process is validated for their specific jobs and meet other selec- tion standards if it adversely affects minority or women applicants protected {` -� "-', by EEO laws and guidelines. Consequently, CPS cannot assume either the legal responsibility or the cost for litigation or substantive complaints arising from local agency use of CPS test materials. Cancelled or Postponed Examinations Agencies will be billed for work done on a cancelled or postponed examina- tion up to the time we are notified of such action. Under certain circum- stances, credit may be given for work already performed if the test is re- schedueled. Performance Tests An additional charge of $5.75 per candidate is assessed for scoring either typing or stenographic performance tests. Charges .for other performance test materials and services vary, depending upon the type of service. For specific information, please contact one of our offices. Common Book Charges for "Common Book" custom examinations will be: full cost for the base examination, plus half cost for the added class(es). A "Common Book" examination is one prepared for successive classes in a series (such as Associate and Senior Engineer). All competitors take the base examination; only competitors for the higher level take the last several segments. -5- Effective CPS TEST RENTAL RATES* June 1, 1982 Stock Tests Candidates Agency CPS Candidates Agency CPS Scheduled Scores Scores Scheduled Scores Scores 1 to 10 135.00 189.00 110 434.00 527.00 _ -- 15 150.00 206.50 120 463.00 560.00 -- 20 166.50 224.00 130 492.00 593.00 25 182.25 241.50 140 521.00 626.00 30 198.00 259.00 150 550.00 659.00_ 35 213.75 276.50 160 579.00 692.00 40 229.50 294.00 170 608.00 725.00 45 245.25 311.50 180 637.00 758.00 50 261.00 329.00 190 666.00 791.00 55 274.50 345.50 200 695.00 824.00 60 • 289.00 362.00 250 840.00 989.00 65 303.50 378.50 300 985.00 1154.00 70 318.00 395.00 350 1130.00 1319.00 75 -332.50 411.50 400 .1275.00 1484.00 80 347.00 428.00 450 1420.00 1649.00 85 361.50 444.50 500 1565.00 1814.00 90 376.00 461.00 550 1710.00 1979.00 95 390.50 477.50 600 1855.00 2144.00 100 405.00 494.00 650 2000.00 2309.00 . not shown, see page 1 of Exhibit B. *For fees Effective CPS TEST RENTAL RATES* June 1, 1982 Custom Tests Candidates - Agency CPS Candidates -Agency+ w CPS ..Scheduled Scores Scores Scheduled Scores ^Scores -• 1 to 10 265.00 303.00 110 625.00 684.00 15 283.75 322.50 120 660.00 721 .50.- :" - - .;;. -. 20 302.50 342.00 130 695.00 :'.'.759.00 25 321.25 361 .50 140 730.00 :796.50 - 30 340.00 381.00 :- '150. 765.00 :.834.00 35 .•358.75 400.50 160 800.00 .::,871.50 40 377.50 420.00 170 835.00 909.00 4 45 396.25 439.50 1.80 870.00 946.50 50 , ••' •415.00 459.00 190 905.00 .: 984.00 :<.. • - : . -55 ••432.50 -477-75 200 940.00 -1021.50 60 '.:450.00 496.56 -250 .1115.00 1209.00 :. 65 467.50 515.25 `:300 1290.00 .1396.50 70 485.00 534.00 350 :1465.00 1584.00 .75 502.50 552.75 400 .1640.00 1771.50 •80 520.00 571.50 450 1815.00 1959.00::.. -85 537.50 '590.25 -.500 1990.00 2146.50 9 0 555.00 609.00 550 2165.00 2334.00r f 95 572.50 627.75 600 2340.00 2521.50 100 590.00 646.50 650 2515.00 2709.00 *For.fees not shown, see page 1 of Exhibit B. -7- *For fees not shown, see page 1 of Exhibit B. Effective CPS TEST RENTAL RATES* June 1, 1982 Stock "K" Tests Candidates Agency CPS Candidates Agency CPS Scheduled Scores Scores Scheduled Scores Scores 1 to 10 144.00 198.00 110 504.00 579.00 - - 15 162.75 217.50 120 539.00 616.50 - 20 181.50 237.00 130 574.00 654.00 25 200.25 256.50 140 609.00 691.50 30 219.00 276.00 150 644.00 729.00 35 237.75 295.50 160 679.00 766.50 40 256.50 315.00 170 714.00 804.00 45 .275.25 334.50 180 749.00 841.50 . 50 294.00 354.00 190 784.00 879.00 55 31.1.50 372.75 200 819.00 916.50 60 329.00 391.50 250 994.00. 1104.00 65 346.50 410.25 300 1169.00 1291.50 70 364.00 429.00 350 1344.00 1479.00 75 381.50 447.75 400 1519.00 1666.50 80 399.00 466.50 450 1694.00 1854.00 85 416.50 485.25 500 1869.00 2041.50 90 434.00 504.00 550 2044.00 2229.00 95 451.50 522.75 600 2219.00 2416.50 100 469.00 541.50 650 2394.00 2604.00 *For fees not shown, see page 1 of Exhibit B. CPS TEST RENTAL RATES* Police and Fire Tests Effective June 1, 1982 Candidates Agency CPS Candidates Agency CPS Scheduled Scores Scores Scheduled Scores Scores 01 72.25 93.90 110 505.00 628.00 05 89.25 113.50 120 542.50 _ 677.00 10 110.50 138.00 130 580.00 726.00 15 131.75 162.50 140 617.50 .775.00 20 153.00 187.00 150 655.00 824.00 25 174.25 211.50 160 692.50 873.00 30 195.50 236.00 170 730.00 922.00 35 216.75 260.50 180 767.50 971.00 40 238.00 285.00 190 805.00 1020.00 45 259.25 309.50 200 842.50 1069.00 50 280.50 334.00 250 1030.00 1314.00 55 298.75 358.50 300 1217.50 1559.00 60 317.50 383.00 350 1405.00 1804.00 65 336.25 407.50 400 1592.50 2049.00 70 355.00 432.00 450 1780.00 2294.00 75 373.75 456.50 500 1967.50 2539.00 80 392.50 481.00 .550 2155.00 2784.00 85 411.25 505.50 600 2342.50 3029.00 90 430.00 530.00 650 2530.00 3274.00 95 448.75 554.50 100 467.50 579.00 *For fees not shown, see page 2 of Exhibit B. _ 'v CALIFORNIA STATE PERSONNEL BOARD COOPERATIVE PERSONNEL SERVICES GOVERNMENTAL AGENCIES PROVIDED EXAMINATION SERVICES BY COOPERATIVE PERSONNEL SERVICES July 1979 - June 1980 CITIES Alameda Daly City Lompoc Pismo Beach Albany Davis Long Beach Pittsburg Alhambra Delano Los Alamitos Placerville Anaheim Dixon Los Banos Pleasant Hill Antioch Dos Palos Los Gatos Pleasanton Arcadia Downey Lynwood Porterville Arcata Port Hueneme Arroyo Grande El Cajon Madera Atwater E1 Cerrito Marina Red Bluff Auburn E1 Monte Martinez Redding Escondido Marysville Redlands Bakersfield Mendota Redondo Beach Banning Fairfield Merced Redwood City Bell Gardens Fillmore Millbrae Reedley Belmont Folsom Milpitas Rialto Berkeley Fortuna Modesto Richmond Beverly Hills Fremont Monrovia Riverside Blythe Fresno Montclair Rohnert Park Brawley Montebello Roseville Buena Park Gardena Monterey Burlingame Garden Grove Monterey Park Sacramento Gilroy Morgan Hill Salinas Calexico Glendale Morro Bay San Anselmo Campbell Glendora Mountain View San Bernardino Capitola Grass Valley San Bruno Carlsbad National City San Carlos Carpinteria Half Moon Bay Newark San Clemente Carson Hanford Newport Beach San Gabriel Ceres Hawthorne Sanger Chico Hemet Oceanside San Jose Chowchilla Hillsborough Ojai San Leandro Chula Vista Hollister Ontario San Luis Obispo Claremont Huntington Beach Orange San Mateo Clovis Oroville San Pablo Coachella Indio Oxnard San Rafael Colton Inglewood Santa Ana Compton Irving Pacifica Santa Barbara Concord Palm Springs Santa Clara Corona Lakeport Pasadena Santa Cruz Coronado La Mesa Paso Robles Santa Fe Springs Costa Mesa La Palma Petaluma Santa Paula Covina Livermore Piedmont Santa Maria Culver City Lodi Pinole Santa Rosa i CITIES - Contd. COUNTIES - Contd. SCHOOL DISTRICTS Sausalito E1 Dorado Alameda County Office of Education Scotts Valley Antioch Unified School District Seaside Fresno Sebastopol Selma Humboldt Simi Valley California Polytechnic State University, Sonoma Imperial Pomona South Lake Tahoe Inyo California Polytechnic State University, South Pasadena San Luis Obispo South San Francisco Kings California State University, Bakersfield Stanton California State University, Northridge Stockton Madera California State University, Sacramento Sunnyvale Marin California State University, San Diego Mariposa California State University, San Jose Taft Mendocino Charter Oaks Unified School District Torrance Merced Compton Unified School District Tracy Monterey Compton Community College District Turlock Tustin Nevada Desert Sands Unified School District Ukiah Orange E1 Dorado County Office of Education Union City Upland Placer Fremont Unified School District Plumas Vacaville Hawthorne Unified School District Vallejo Riverside Ventura Los Angeles County Superintendent of Vernon Sacramento Schools Victorville San Diego Lynwood Unified School District Visalia San Joaquin San Luis Obispo Martinez Unified School District Walnut Creek San Mateo Montebello Unified School District Watsonville Santa Barbara Morongo Unified School District Westminster Santa Clara Whittier Santa Cruz Ontario- Montclair Unified School District Woodland Shasta Solano Pittsburg Unified School District Yuba City Sonoma Plumas Unified School District Stanislaus Sutter Richmond Unified School District COUNTIES Rowland Unified School District Tehama Alameda Trinity Sacramento County Office of Education Tulare Santa Monica Unified School District and Butte Community College District Ventura Simi Valley Unified School District Contra Costa Sunnyvale Unified School Yolo Del Norte Yuba Torrance Unified School District Washoe, Nevada SCHOOL DISTRICTS - Contd. University of California, Berkeley University of California, Irvine University of California, Riverside University of California, San Francisco University of California, Systemwide Ventura County Community College District Walnut Creek Unified School District Yuba City Unified School District Yuba Community College District SPECIAL DISTRICTS AND OTHER GOVERNMENTAL AGENCIES Arcade Fire District Arden Fire District Atascadero Fire Department Barstow Fire Department Bay Area Rapid Transit District Big Bear Lake Fire Protection District Carmichael Fire District Carpinteria - Summerland Fire Protection District Central Valley Fire Protection District Danville Fire Protection District Dublin /San Ramon Services District East Bay Regional Park District Emeryville Fire District Encinitas Fire Protection District Fallbrook Fire Protection District Foothill Fire Protection District Goleta Water District Kelseyville Fire Protection District Kensington Fire District Los Angeles City Housing Authority North San Mateo County Sanitation District Oakland Housing Authority Port of San Diego SPECIAL DISTRICTS AND OTHER GOVERNMENTAL AGENCIES - Contd. Rio Linda Fire District Sacramento Municipal Utility District Sacramento Regional Transit Salinas Rural Fire Department Santa Clara Valley Employment and Training Board Santa Clara Valley Water District Southern California Rapid Transit Southern Coast Air Quality Management District West Contra Costa Sanitation District Woodbridge Fire District Yucca Valley Fire Protection District i. r CITY OF SARA` OG: A=MA BILL NO. � Initial: Dept. Hd. DATE: June 1, 1983 DEPARTMENT: Administrative Services SUBJECT: Performance Based Management Compensation Plan C. Atty- C. Mgr. Issue Summary During September and October of 1982 the City Council and the City Manager had discussions regarding the development of a performance based management compensation plan. The City Council: adopted Resolution 85 -9.56 on October 20, 1982, establishing salary ranges for all management positions and directing the City Manager to prepare a written document of policies and procedures for implementing a performance based management compensation plan. The Plan has been finalized and is before the City Council for adoption. Recommendation Adopt Resolution 85 -9.57 Establishing a Performance Based Management Compensation Plan. Fiscal Impacts No fiscal impacts will result from adoption of the Plan. The next period of review for management compensation will commence on or before September 1, 1983. Exhibits /Attachments Resolution No. 85 -9.57 Background Memo Performance Based Management Compensation Plan Management Performance Evaluation Report Resolution 85 -9.56 Council Action 6/1: Consensus to take up at study session 6/7. 8/3: Fanelli /Mallory noved to adopt Res. 85 -9.57 with change in Pt. V. of plan. Passed 5 -0. s C� REPORT TO MAYOR AND CITY COUNCIL DATE: May 17, 1983 COUNCIL MEETING: June 1, 1983 SUBJECT: Management Compensation Program BACKGROUND: The City of Saratoga adopted a Management Compensation Program in September, 1974. The main elements of the program were to: 1. Provide for salary increases for management positions to be based upon-merit and performance. 2. Establish pay ranges for management employees to be reviewed annually by the City Manager, with recommendations for changes to be approved by the City Council. 3.. Provide for a management development program based upon manage- ment by objectives, and 4. Provide for a management training program to be funded in order to develop a "management team." Several elements commonly found in more recently developed management compensation programs were absent in the 1974 plan - a written evaluation report, specific criteria for evaluating performance, specified times for the evaluation, and a method and time frame for reviewing ranges and appropriating funds. These missing elements combined with changes in management resulted in abandonment of the plan in 1981, at which time flat salary rates were adopted.for all management employees. During salary discussions with management employees in 1982, management employees requested a return to salary ranges and expressed an interest in re- establishing a performance based management compensation program. Management Compensation Program May 17, 1983 Page two In the fall of 1982, the City Council adopted Resolution No. 85 -9.56 which: 1. Directed the City Manager to re- establish a Performance Based Management Compensation Plan. 2. Established that the Plan would provide adjustment to manage- ment salaries based upon performance as evaluated by the City Manager. 3. Established that the City Council would authorize salary ranges for each management position and will review the ranges annually. 4. Required a written plan be prepared to document the policies and procedures to be followed in the Management Compensation Plan, and 5. Provided that the City Council annually determine the amount of total appropriations for management compensation, at an annualized rate. Concurrent with the adoption of Resolution No. 85 -9.56, a written evalu- ation form was developed to be used as the basis for the new performance based management compensation program. The new form was used by the City Manager and Department Heads to complete the review of the current eight management positions and establishment of appropriate pay levels within the adopted pay ranges. Attached to this report is the completed Performance Based Management Compensation Plan. The Plan consists of a description and policy state- ments, instructions for the Evaluation Report, and a copy of the Management Performance Evaluation Report. Patri(ia M. Mullens Assistant City Manager ck CITY OF SARATOGA PERFORMANCE BASED MANAGEMENT COMPENSATION PLAN The City of Saratoga Performance Based Management Compensation Plan establishes a policy for the evaluation of management personnel and establishes a process for setting appropriate salary and benefit levels. The Plan consists of three elements: Objectives of the Plan Instructions for the Management Compensation Program and the Performance Evaluation Report Forms to be used for completing the Management Performance Evaluation Report 5 -83 OBJECTIVES OF THE PLAN The following statements are a reflection of the intent of the City of Saratoga-Management Compensation Plan. - To motivate each individual to work at highest capacity by providing a means for the periodic review between the City Manager and each manager to delineate work responsibilities, jointly establish realistic job and performance standards and objectives, review progress towards achieving- results, and planning future professional growth and development. - To provide incentives for encouraging outstanding job per- formance and for improving job performance. - To increase management productivity and morale through the use of a performance based compensation plan. - To set compensation levels which permit the City to attract, recruit, retain and reward competent managers. - To establish procedures for an annual review of management salary and benefits by the City Council. - To establish appropriate salary and benefit levels based upon a variety of 'factors including, but not limited to, prevailing labor market conditions, ability of the City to pay, local cost of living, miscellaneous employee group compensation levels, internal organizational relationships, value of the position to the organization and the community. - To provide a performance evaluation and compensation system which provides continuity, consistency and equity for manage- ment personnel. - To establish individual management salaries based upon per- formance as evaluated by the City Manager. - To provide a management link between the goals of the com- munity, the City Council, the City Manager, and the work objectives of the individual managers. 5 -83 INSTRUCTIONS FOR MANAGEMENT COMPENSATION PROGRAM AND THE PERFORMANCE EVALUATION REPORT GENERAL PROCEDURES Following adoption of the annual budget, the City Manager will provide the City Council with survey.information regarding current management positions. The information to be presented will include salary levels of comparable positions from other cities in Santa Clara County, fringe benefit information, and other pertinent information as re- quested by the City Council. The information collected will be avail- able to management personnel. Management personnel have the right under State law to meet as a group to discuss salary and benefit information. As a group, or as indivi- duals, they have the right to meet with the City Manager to communicate their concerns relating to salaries and benefits. The City Manager shall transmit these concerns to the City Council. Following a review of information presented to them, the City Council may adjust authorized pay ranges and /or benefit levels, as appropriate. The City Council shall authorize sufficient funds to cover annual ex- penditures for management salaries and benefits, as approved. MANAGEMENT PERFORMANCE EVALUATION REPORT After the annual review of salary ranges and benefits by the City Council, the City Manager shall review the performance of each Department Head. Department Heads with other management personnel in their respective departments will be responsible for reviewing the performance of those managers, with input from the City Manager, as appropriate. Performance reviews shall take place at least once annually, or more often if necessary. The Performance review process will utilize a written form designated as the Management Performance Evaluation Report. The evaluator (City Manager or Department Head) will review the Evalu- ation Report from the previous review period before beginning to complete an updated report. The Evaluation Report is composed of five major sections as described below. PART I - Individual Qualities This section asks the evaluator to rank the person being evaluated in the areas of management skills, interpersonal skills, competency in field of work, attitude toward work, reliability, and professional growth and development. 5 -83 The choice of performance indicators for each quality are: not appli- cable, below expectations, meets expectations, above expectations. The evaluator is asked to check off an overall rating for each skill grouping. The overall rating is to be checked off on a numerical scale ranging from 0 as the lowest to 10 as the highest rating. Each skill grouping has a section for comments to allow the evaluator to clarify, highlight, or expand upon any item within that section of the evaluation. PART II - Performance Evaluation The evaluator is asked to identify and evaluate the employee's progress and performance in meeting specific goals or objectives that previously had been set. Referral back to the evaluation from the previous review period is necessary to complete this portion of the evaluation. Each previously set goal or objective is to be stated as simply as possible. Space is provided for the employee to comment and for the evaluator to comment. The evaluator is asked to check off if the goal or objective was not met, met, or exceeded. PART III - General Rating This section asks the evaluator to indicate an overall performance rating.-..for the.employee.. Choices provided are: 1. a superior manager in most or all areas 2. a competent manager with some areas of exceptional ability 3. a competent manager in most or all respects 4. a competent manager with some significant areas needing improvement 5. currently below acceptable level of competence; major improve- ments are needed Space is provided for evaluator comments and for employee comments. PART IV - Performance Improvement Plan The performance improvement section is intended to be completed follow- ing a discussion between the evaluator and the employee in order to identify up to five (5) significant goals and /or objectives for the employee. The goals or objectives listed need to be mutually agreed upon and may relate to individual qualities or work plans, or both. The goals or objectives listed will form the basis for the next performance evaluation. Each goal or objective is to be clearly and simply stated. The method by which performance will be measured is to be stated as measurement criteria. Space is provided for additional comments by the evaluator. 5 -83 PART V - Employee's Comments This section is to provide the person being evaluated with an oppor- tunity to add any comments pertinent to the evaluation. After the entire Evaluation Report has been completed and reviewed with the employee, both the evaluator and employee must sign and date the report. The employee will receive a complete copy and a copy will be kept in a confidential personnel file. The Evaluation Report is intended to be completed on an annual basis. However, under certain circumstances the evaluator and the employee may decide to complete.the Evaluation Report on.a more frequent basis. It is also recommended-- that periodic reviews be held during the year between the evaluator and the employee to check progress on goals and objectives, or, if necessary to make amendments to the Evaluation Report. PROCEDURE FOR ESTABLISHMENT OF SPECIFIC SALARY WITHIN AUTHORIZED SALARY RANGE Responsibility for the Performance Evaluation of each manager rests with the City Manager. Following completion of the annual Evaluation Report, the City Manager shall determine the placement of each manager within the salary range authorized by the City Council. The City Manager may take into consideration such factors as current and past performance evaluations, internal organizational relationships, value of the position to the organization, scope of responsibility, experience, and other factors as deemed appropriate by the City Manager. Information regarding specific placement of each manager within the authorized salary range. shall be considered as confidential And not a part of the public record. 5 -83 City of Saratoga MANAGEMENT PERFORMANCE EVALUATION REPORT Manager Position Date of Appraisal Evaluator Position Date of Hire Time in Position Last Appraisal Date Length of Time Under Evaluator's Supervision May 1983 PART I INDIVIDUAL QUALITIES 1. Manaqement Skills: Personnel Handling Supervision Practices Time Management Work Planning & Organization Budgeting Report Preparation Oral Presentation Overall Rating: roor Below Standard Specific Comments: 2. Interpersonal Skills: Communicating Listening /Understanding Conflict Handling Developing Positive Relations Overall Rating: 0 Z Poor Below Standard Specific Comments: r Standard M 6 8 1 Above Outstanding Standard V) N N c � c O o o •r •r •r ra ra fo (0 b U U U U U U Q) U QJ O_ d Q X X X W W W 3 �n Q) ¢ o +� > ¢ a v �° 6 8 1 Above Outstanding Standard 1 1 Above Outstanding Standard N N N C O C O •r O •r O a--) i--) •r i-) ra ra + 4-) 4 U U U a a Q) Q d Q X X X W W W 3 Un (1) o +� > ¢ r 1 1 Above Outstanding Standard N C V1 C to � O •r O •r O •r ro � +.) U +> U 4-) U N Q X QJ II. X QJ a. X W W W 3 vi ej 3. Competency in Field of Work: z m W a Accuracy of Work Thoroughness /Completeness of Work Judgement /Relevancy Knowledge of Field Creativity /Innovativeness Overall Rating: 0 2 4 6 8 10 Poor Below Standard I Above Outstanding Standard Standard Specific Comments: +; U +; U +• U N Q X U d X N d X W W W 4. Attitude toward Work: Q 3 ° 0 a d1 o' z a, m a� g Self- Motivation Initiative Support of Organizational Policies and Goals Organizational Participation Overall Rating: 0 2 4 6 8 10 I Poor Below I Standard Above Outstanding Standard Standard Specific Comments: 5. Reliability: Performance lender Stress Time at Work Integrity Manages Commitments Overall Rating: 0 2 4 1 1 roor below Standard N N N Standard � O C O O O i--) 4-) 4-j (TJ (10 M 3 N W O +> > Ci 4-) .i--' +-) Interest in Skills Development U U U aJ aJ ai CL d II, Goal Definition and Attainment x x x W LJ W 8 lc 3 N QJ Standard Standard Specific Comments: ¢ N O z m < 1 roor below Standard I Above Outstanding Standard Standard Specific Comments: U U v aJ aJ aJ � n a x x x w w w 6. Professional Growth and Personal Development: 3 N W O +> > Ci Interest in Skills Development Maintains Technical Competence Concern for Others Manner, Bearing, Appearance Goal Definition and Attainment Overall Rating: 0 2 4 6 8 lc Poor Below Standard I Above Outstanding I Standard Standard Specific Comments: PART II PERFORMANCE EVALUATION Identify here and evaluate the employee's progress and performance in meeting goals or specific objectives that previously had been set. 1. a. Goal /Objective: b. Employee's Comments: c. Evaluator's Comments: 2. a. Goal /Objective: b. Employee's Comments: c. Evaluator's Comments: 3. a. Goal /Objective: b. Employee's Comments: c. Evaluator's Comments: 4. a. Goal /Objective: b. Employee's Comments: c. Evaluator's Comments: 5. a. Goal /Objective: b.. Employee's Comments: c. Evaluator's Comments: (3) CU i-) a-J U O O X Z w PART III GENERAL RATING A superior manager in most or all respects. A competent manager with some areas of exceptional ability. A competent manager in most or all respects. A competent manager with some significant areas needing improvement. Currently below acceptable level of competence; major improvements are needed. Evaluator's Comments: Employee's Comments: PART IV PERFORMANCE IMPROVEMENT PLAN Identify significant goals and /or objectives that result from this evaluation. These may relate to improvement in individual qualities or setting work plans or both. Do not overlook this step! The specific goals or objectives identi- fied here form the basis for the next performance evaluation. Include how performance will be measured. 1. Goal /objective: Measurement Criteria: Evaluator's Comments: 2. Goal /objective: Measurement Criteria: Evaluator's Comments: 3. Goal /objective: Measurement Criteria: Evaluator's Comments: 4. Goal /objective: Measurement Criteria: Evaluator's Comments: 5. Goal /objective: Measurement Criteria: Evaluator's Comments: PART V EMPLOYEE "S COMMENTS (OPTIONAL) I have met with my supervisor to review and discuss this performance appraisal. The opportunity to comment on or respond to the evaluation has been provided. I have received a copy of the completed evaluation. Employee: PART VI Date: Supervisor: Date: RESOLUTION NO. 85 -9.56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 85 -9.55, ESTABLISHING A PERFORMANCE BASED MANAGEMENT COMPENSATION PLAN AND MAKING APPROPRIATION FOR ADJUSTMENTS TO MANAGEMENT COMPENSATION WHEREAS, the City of Saratoga has maintained the policy of annual review of compensation policies and rates for management emplovees and has fixed September 1 as the review date; and WHEREAS, the City Council has reviewed with the City Manager various surveys and other data regarding levels of compensation for other cities in the area; and WHEREAS, the City Council has considered appropriate policies for the compensation of its management employees and directed the City Manager to consult with these employees as required by State law; and WHEREAS, the City Council is concerned about meeting the needs of management employees, and addressing_ their concerns, within a framework of fair and objective policies that also observe practical and economical restraints in the overall public interest; NOW, THEREFORE BE IT RESOLVED THAT: 1. Establishment of Performance Based Compensation Plan The City Manager is directed to re- establish a Performance Based. Management Compensation Plan in keeping with the outline draft of such a policy which was presented to and reviewed by the City Council. The Performance Based Compensation Plan ,will provide for the adjustment of salaries for management personnel based solely on performance. The City Council shall establish appropriate salary ranges for each management posi- tion, within which the salary rate to be paid will be determined by the City Manager according to his evaluation of the indi- vidual's performance. The City Council annually will review the salary ranges and make adjustments as deemed appropriate. The policies and procedures to be followed in the Plan are to be defined in a written document which the City Manager shall pre- pare and present to this Council for its consideration of adoption. 2. Appropriation for Salary and Benefit P_diustments Pursuant to establishing a Performance Based Management Com- pensation Plan and its annual review of appropriate salary ranges, taking all other conditions into account, the City Council annually will determine the amount of adjustments needed to total appropriations for management compensation, at an annualized rate. These appropriations will be available to the City Manager for allocation to individual management employees, according to the Compensation Plan. For the balance, commencing September 1, 1982, of the current fiscal year, the appropriation of $32,100 is hereby made from the appropriate Reserves set aside for this purpose in the current adopted budget. This amount represents an adjustment of 11% of total compensation on a yearly basis. 4 ` 3. Authorization for Adjustments to Fringe Benefit Programs Pursuant to the Compensation Plan and the limits of the appro- priation made above, the City Manager is hereby authorized to increase auto allowance reimbursements and insurance benefits package allowances by the amount of $25.00 and $35.00 per month, respectively. Sections 2 and 3 of Resolution 85 -9.55 are hereby amended accordingly. 4. Designation of Management Po.sitions and Establishment of Salary Ranges The following classifications are designated as the management positions of the City of Saratoga and the salary ranges for each are established as shown: Monthly Salary Range Community Development Director/ City Engineer $3,080 -3,850 Maintenance Director (effective 11/1/82) 2,680 -3,350 Finance Director 2,840 -3,550 Planning and Policy_ Analysis Director 2,840 -3,550 Administrative Services Director/ Deputy City Manager 2,680 -3,350 Senior Planner 2,400 -3,000 Senior Building Inspector 2,490 -3,050 Community Center Manager 2,200 -2,750 Section 1 of Resolution 85 -9.55 is hereby amended accordingly. 5. Next Period of Review In order to maintain salary ranges at appropriate levels, con- sistent with the overall needs of the City, the next period of review of the compensation for these management positions shall commence on or before September 1, 1983. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga Citv Council on the 20tlUay of October, 198q by the following vote: AYES: Councilmembers Clevenger, Fanelli, Mallory, Moyles, and Mayor Callon NOES: None ABSENT: None ATTEST: MAYOR ht -3 -cu C„ (J-C' CITY CLERK VW; R ACmDA BILL NO. 41 SoL, DATE: June 1, 1983 CITY OF SARATOGA DEPARTMENT:-Administrative Services SUBJECT: BLANEY PLAZA BANNER POLICY Issue Summa Initial: Dept. Hd. C. C. Mgr. The City has allowed groups to hang banners in Blaney Plaza for a number of years for promotion of local events. The Saratoga Fire Department has done the actual hanging of the banners as a service to the residents and the City.. In recent months some difficulties have arisen as a result of the absence of any approved written policies or regulations on the use of the banners. The Community Center Director drafted a policy with input from the user groups and Saratoga Fire Department personnel. Recommendation Adopt Resolution No. and the attached policy. current users will be sent a copy of the policy. Fiscal Impacts None Ext. bits /Attachments Following adoption, all Resolution No. Rules and Regulations for Hanging of Banners in Blaney Plaza Reservation Form Council Action BANNER POLICY - 6/1/83 Council Meeting Mullens: Changes suggested by Toppel: Item 4 to read "Only advertisements of Saratoga -based community non- profit events may hang banners in Blaney Plaza." Explained intent. Fanelli: I disagree because VITA, for instance, is non- profit but puts on events which are profit - making. Let's word both ways. Toppel: My wording means event should not be profit-making. Fanelli: We should allow non -profit organizations to advertise profit - making events. Toppel: If you limit to non -profit organizations you may exclude profit - oriented compianies wishing to sponsor community events as civic contribution. Fanelli: Let's put, instead of period at the end, put a mmma and say "or a company sponsoring a non -profit event." Toppel: Either way. Fanelli: "Non -profit organizations advertising Saratoga -based community events, or organizations advertising Saratoga -based non -profit events ..." so that both sides can hang banners there. Mullen: Add. #11 to page indicating " Banners not claimed within 10 days from the date of their removal may be disposed of at the discretion of the Fire Department." Explained intent. On reservation form, after third line, put parentheses (You may also attach a sample drawing.) Below note at bottom of page, add clause "Neither the City of Saratoga nor the Saratoga Fire Department assumes responsibility or liability for banners nor for theft, damage or injury that may result from or incident to the placement of banners at Blaney Plaza." Callon: 7a is worded peculiarly. Mullens: Banners need to be at least four feet wide and 25 feet long or else they are too small to be visible. If they are prepared properly they can be up to 45' long. Callon: Can it read "Banners must be 4' by at least 25' long "? Is it also the width. It shouldn't be wider than 4' but it could be longer? So if we put "at least" in front of the 25' that would do it? Mullens: Yes. Fanelli /Clevenger moved approval with amendments. Passed 4 -0. CITY OF SARATOGA S� AC =.A BILL NO. , DATE: June 1, 1983 DEPAR'ITIENT• Administrative Services SUBJECT: REVISION OF CIVIC THEATRE USE POLICY Issue Summa Initial: Dept. Hd.�� C. At In the fall of 1982, responsibility for scheduling and use of the Civic Theatre was assigned to the Department of Administrative. Services, Community Oenter. A review of the usage policy and scheduling process was done in order -to clarify, simplify,and to make the process more consistent with other City rental use policies. There are a few noteable changes in the policy and those are footnoted with an explanation. All major user groups have been notified of the proposed changes. Recommendation Adopt Resolution No. and the attached Civic Theatre Use Policy and Rental Agreement Fiscal Impacts None Eyhibits /Attachments Resolution No. Civic Theatre Use Policy and Rental Agreement Current Rental Rates Civic Theatre Rental Form Council Action 6/1: Moyles /Clevenger moved to adopt Resolution 2063. Passed 4 -0. RESOLUTION NO. A RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING A CIVIC THEATRE USE POLICY AND RENTAL AGREEMENT WHEREAS, the City Council of Saratoga has the authority to establish use policies for all governmental buildings, and WHEREAS, there has been a demonstrated need to update and clarify the Civic Theatre Use Policy and Rental Agreement, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga does hereby adopt the "Civic Theatre Use Policy and Rental Agreement" herein incorporated by reference. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga on the day of , 1983, by the following vote: AYES: NOES: ABSENT: ATTEST: CITY CLERK MAYOR CITY OF SARATOGA CIVIC THEATRE USE POLICY AND RENTAL AGREEMENT A. RESERVATIONS AND FEES 1. Organized theatre groups will be given priority usage of the Civic Theatre. Six to eight months before September of each year a scheduling meeting will be held. Preceding this meeting, each theatre group will be asked to submit their requests for preferred dates from September 1 to August 31 for performances and rehearsals.) A City staff member will consider all requests and draft a tentative schedule. At the scheduling meeting all theatre groups will have the opportunity to review the schedule before it is finalized. 2. The City of Saratoga reserves the right to make any additions, cancellations or schedul- ing changes. It also reserves the right to refuse rental of the Civic Theatre to groups or individuals. 3. City of Saratoga Council and Planning Commission meetings will have exclusive use of Wednesdays throughout the year. 4. The non - refundable Processing Fee ($25) is to be paid at the time the Rental Agreement is completed.2 5. The Security Deposit is to be paid at the time the Rental Agreement is completed and it is to be in the form of a check or money order. Cash is not accepted. Security deposits are refunded 10 to 14 days after the last day of the rental. If there is damage to the building or its contents, a deduction will be made from the deposit and the balance refunded. If the deposit does not cover the charges, the Licensee will be responsible for additional fees. If clean -up is not completed, the entire deposit will be forfeited. If a cancellation occurs, the Security Deposit will not be refunded. 6. All checks are to be made payable to the City of Saratoga. 7. Groups or individuals will be billed on the last day of their rental. Payment of the bill is due within 14 days. 8. The Civic Theatre Rental Agreement must be completed at the Saratoga Community Center, 19655 Allendale Avenue, Saratoga, 95070, main office. Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. The completed form must be accompanied by the Processing Fee and Security Deposit. For more information, call 867 -3438 x 46. B. GENERAL REGULATIONS 1. No stand, platform, booth, partition, railing, enclosures, overhead structure, or any other structure shall be erected or installed, nor shall any change, addition or al- teration be made by the renter unless it is first approved in writing by the City Manager, or his authorized representative. If such is approved, the premises must be put back in the prior condition. The renter accepts the premises in an "as is" condition. r � 2. The renter shall immediately upon the expiration of each rental period as stated on their contract vacate the premises and remove all personal property, debris, rubbish, boxes, greenery, etc. The premises.must be left in a clean and orderly condition and repair. The renter shall remove all exhibits, booths and other structures from the premises before the expiration of each rental period. 3. Rental groups or individuals will be required to furnish a certificate of liability insurance naming the City of Saratoga as an additional co- insured for the protection of the public. This Agreement shall not be effective until the certificate has been filed with the City.3 4. The renter, at all times during the use and occupancy of the premises, shall comply with ordinances, laws, rules and regulations affecting the use and occupancy thereof, including all state, local and district fire, health and safety laws, ordinances and regulations. 5. The prevailing party in any action or proceeding between the parties, whether by suit, arbitration or otherwise, as to their rights or obligations under this agreement, shall be entitled to all costs incurred in connection therewith, including reasonable attorney's fees.4 6. The renter shall hold the City of Saratoga free and harmless from any liability or claim for damages or suit for or by reason of any injuries to any person or property, of any kind whatsoever, from any cause whatsoever arising out of the use and occupation of the premises by the renter; and the renter hereby covenants and agrees to idemnify and save harmless the City from all liability and damage on account of or by reason of any such injuries or damages, whether by the claimed fault or negligency of the City of Saratoga or not.4 Signature of Applicant Date Name of User Group Signature of City Representative Date AM FOOTNOTED CHANGES IN CIVIC THEATRE USE POLICY 1. Previously the theatre was booked from January through December. At the request of theatre groups, the schedule has been changed to book from September through August to coincide with the theatre season. 2. The non - refundable processing fee is to cover the administrative cost of processing and scheduling. If a cancellation occurs, this fee would also offset costs of rescheduling. 3. This policy regarding liability insurance coverage has not been strictly enforced in the past. In order to protect the City from potential liability, City staff intends to require the filing of an insurance certificate before the reservation becomes effective. 4. Paragraphs 5 and 6 are new and were added after consultation with Steve Baird from the City Attorney's office. 01 SARATOGA CIVIC THEATRE RENTAL RATES A. PROCESSING FEE The non - refundable processing fee of $25 is to be paid at the time the Reservation Form is completed. B. SECURITY DEPOSIT (Separate Check) The Security Deposit of $100 is to be paid at the time the Reservation Form is completed. C. RENTAL RATES 1 . Moves If Day Shared 2. Auditions 3. Rehearsals 4. Performances 5. Partial Use of Stage $20 per day $10 per day $55 per day $55 per day $185 per day $ 55 per day 454 not assigned. CITY OF SARATOGA Initial: AGENDA BILL NO. Hd. DATE: June 1, 1983 C. DEPARTMENT: Community Development C. mgr. SUBJECT: A -871, Klein, Mc Bain & Thomas, Lot 3, Tract 6628 (Tollgate) Issue Summary Applicant applied for design review approval to construct a two story structure. The primary concern regarding this project was the amount of grading proposed, and thus, the dwelling's compatibility with the natural contour of the site. It should be noted that if the Council wishes to approve this proposal, the Fire Chief requests that you add a condition which states: "A heat and smoke detector system shall be installed in the dwelling as required by the City of Saratoga Fire Department ". The Planning Commission denied the application unanimously 7 -0. Recommendation 1. Conduct a public hearing on the appeal. 2. Determine the merits of the appeal and approve or deny 3. Staff recommended denial of the design review to the Planning Commission. Fiscal Impacts None Noted Exhibits /Attachments 1. Letter of Appeal 2. Staff report dated 4/20/83 3. Planning Commission minutes dated 4/27/83 4. Exhibits "B & C" 5. Resolution A- 8.71 -1 6. Correspondence Received on project Council Action 6/1: Moyles /Clevenger moved to deny appeal. Passed 4 -0. RECEIVED MAY 04 1983 COMMUNITY DEVELOPMENT APPEAL APPLICATION Name of Appellant: Klein, McBain and Thomas, Inc. Address: P.O. Box 2187, Saratoga, CA 95070 Telephone: 866 -4255 Name of Applicant: Klein, McBain and Thomas, Inc. Project File No.: - Project Address: Lot 3, Tract 6628, Tollgate Road Project Description: Single family dwelling Date Received: Hearing Date: Fee CITY USE ONLY Decision Being Appealed: Denial by Planning Commission for site and architectural approval -�/ Grounds for the Appeal (Letter may be attached): pp llant's Signature o Klein, President .ein, McBain and Thomas, Inc. *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATF. OF THE nFrTz TnN a;t&t.4-4,-q41 City of Saratoga RE: Attachment to Appeal Application RECEIVED MAY 0 41983 COMMUNITY DEVELOPMENT We are appealing the decision rendered by the Planning Commission on April 27, 1983, regarding a house that we want to construct on Lot # 3, Tract 6628. We feel that both the staff and the commission erred in the interpretation of our drawings. We have designed a house to fit the lot requirements based upon previously approved site and grading and requirements for access and turnaround spaces. We will submit for the council sketches that will illustrate our reasoning and beliefs that this house is appropriate for this lot. i Arturo Klein President Klein, NcBain and Thomas, Inc. - l REPORT TO PLANNING COMMISSION City of S^rotogcr APPROVED, PY: - C:`,'. DATE: 4/20/83 Commission Meeting: 4/27/83 SUBJECT: A -871 - McBain & Gibbs, Lot #3, Tract 6628 REQUEST: Design Review Approval to construct a two -story dwelling 0_THER APPROVALS REQUIRED: None PLANNING DATA: PARCEL SIZE: 3.4 acres GENERAL PLAN DESIGNATION: Slope Conservation ZONING: NHR NOTICE: This project does not require noticing cTTG nATA- SURROUNDING LAND USES: Single family residential SITE SLOPE: 33% SLOPE AT BUILDING SITE: 27% NATURAL FEATURES & VEGETATION: The site slopes down steeply from Tollgate Rd. to a moderate slope toward the rear of the lot. The site contains orchard trees along the upper portion and several oak trees. The oak trees will be preserved. The lower portion of the site contains grasses, brush and trees and is contained in a scenic easement. PROJECT CONSIDERATIONS: HISTORY: As per the negotiated settlement between McBain and Gibbs, Inc. and the City of Saratoga, this site is required to meet HC -RD (Hillside Conservation - Residential District) standards rather than NHR (Northwest Hillside Residential District) requirements in addition to the conditions of the subdivision (SD -1354) and design review ordinance. GRADING REQUIRED: CUT: 2,964 Cu. Yds. CUT DEPTH: 12 Ft. FILL: 2,964 Cu. Yds. FILL DEPTH: 12 Ft. G.;Mx&L- a;k j Report to Planning Commiss�n A -871 - McBain & Gibbs, Lot #3, Tr. 6628 SETBACKS: Front: 33' Rear: 154' Right Side HEIGHT: 25' 4/20/83 Page 2 195' Left Side: 61' SIZE OF STRUCTURE: First Floor: 3,220 sq. ft. Second Floor: 1,996 sq. ft. TOTAL: 5,216 sq. ft. FLOOR AREA: The standard floor area allowed for this site is 6,200 sq. ft. IMPERVIOUS COVERAGE: 6% COLORS & MATERIALS: The exterior materials consist of natural stained plywood and dark trim,with grey shake roofing material. SOLAR: Fair orientation LANDSCAPING AND LIGHTING: A landscaping plan has not been submitted with this proposal. Staff recommends that a plan indicating erosion control mitigation measures be sub- mitted for review if the project receives approval. 1. Avoid Unreasonable Interference with Views and Privacy The structure, as proposed, does not impact adjacent sites in terms of the viewshed or privacy. The approved building site sits downhill from Tollgate Road,and is not highly visable to the area, due to the existing topography and surrounding vegetation.. Also, the amount of scenic easement which surrounds the property to the west acts as a buffer. 2. Preserve Natural Landscaping Staff has trouble making this finding which stipulates that the natural appearance of the site will be maintained by minimizing soil removal and'grade changes. Where the building site area contains a significant slope, the applicant proposes to grade by cutting and filling a level pad which staff does not feel is in keeping with the natural appearance of the site. Also contained in the subdivision requirements, is a condition which states; "All grading to be contoured so as to form smooth transitions. All grading to be smooth transitions between natural and man -made slopes. " - Staff does not feel the design review ordinance or subdivision requirements have been met in terms of preserving.the natural contour of the site. 3. Minimize Perception of Excessive Bulk & Compatible Bulk & Height Staff noted no impacts to the area in terms of bulk, as the structure is within the standard floor area allowed for this zoning district, and appears compatible with surrounding dwellings in terms of size and design. 4. Current Gradinq and Erosion Control Standards Staff has reviewed the grading plan and has determined that the site work can be accomplished according to the City's grading ordinances. Report to Planning Commis o 4/20/83 A -871 - McBain & Gibbs, Lot #3, Tr. 6628. Page 3 5. Preservation of Natural Contours Staff cannot make this finding, as the structure is not designed to follow the natural contour of the site. RECOMMENDATION: Since staff cannot make findings #2 and #5, staff recommends denial. APPROVED: Sharon Les er Planner SL /dsc P.C. Agenda: 4/27/83 RICT HR ' 1 51TE 1\ y Y LIMIT �l t u wpip '04 R c P . • ••• �..... r. CV Planning Commission Page 5 Meeting Minutes 4/27/83 g 9. A -871 - McBain $ Gibbs, Request for Design Review Approval to construct two -story dwelling in the NHR zoning district on Lot N3, Tract 6628 Commissioner Bolger gave a Land Use Committee report, stating that they had concern regarding the moving of about 3,000 cubic yards of dirt. Staff des- cribed the proposal, pointing out the extensive grading and the fact that the Staff feels that this design is not sensitive to the site. They commented that they were not able to make the findings and were recommending denial. Bob McBain, the applicant, addressed the project, explaining that this house was originally designed with a full retaining wall built into it along the northern part of the house. He indicated that when the grading plan was done it was discovered that in order to get enough dirt to make the required turn- around it generated more fill. He discussed the grading for the driveway and turnaround, stating that he feels the engineering solution to putting in fill is better and safer than a retaining wall. After considerable discussion on the-design of the home, it was the consensus that the Commission had concerns about the design of the structure and the amount of cut needed. They suggested that an alternate more creative design that tailors the house more to this particular site be studied at a Committee - of- the- IVhole. However, the applicant stated that he would rather have the Commission deny the proposal to allow him to appeal to the City Council. Commissioner Siegfried moved to deny A -871, per the Staff Report dated April 20, 1983 and Exhibits "B" and "C ". Commissioner Bolger seconded the motion. The motion was carried unanimously 7 -0. The 10 -day appeal period was noted. MISCELLANEOUS 10. SDR -1527 - William Johnson, 2 -lot subdivision at 18935 Monte Vista, Request for Clarification and /or Reconsideration of Condition No. II -4 of Staff Report Staff gave the history of the project and stated that they were recommending that the condition for the minimum access road improvements from the Johnson property to E1 Camino Grande be maintained. Dr. Johnson, the applicant, stated that he had checked with the neighbors and it is the unanimous opinion that the rural atmosphere should remain and that the road not be widened. He submitted a letter in support of his position. Dr. Johnson indicated that, even though there is a barrier at the end of the road, a number of cars come in and turn around in that area. He stated that if it is widened it will invite more cars to do this. He added that if the road were widened there would be a couple of trees and poles that would have to be removed. Commissioner McGoldrick asked if there was any safety factor with the road being left the way it is. Staff stated that the purpose for the requirement on private roads for the width is to provide room for emergency vehicles to access and room for cars to pass as that occurs. They added that it is now substantially less than 18 ft. and they feel that there would not be the possi- bility of both emergency vehicles and cars to remain on the pavement. They commented that there appear to be no obstructions on one side of the road for its entire length. Commissioner Crowther commented that he feels the logical thing to do in this case is to grant the neighbors' request of waiver. He asked if there was a past precedent, and the DiManto property, on the entrance to the rock area, was cited. It was noted that the Commission wanted to allow that because of the unique nature of the road. Staff commented that there are private roads exist- ing in the City that are not standard, but they predate the City's establishing this rule; they would not think it would be a good precedent to establish. Commissioner McGoldrick asked about the City's liability if this condition were to be waived and there is a fire and the apparatus cannot get through. The Deputy City Attorney stated that Ile would not say that the City would be liable; however, if the City deliberately has a road that is below laity standards, it would give someone an argument., Fie concurred with Staff that, not with- standing the desires of the neighbors, he does not recall a situation where the City had an application and there has been the opportunity to widen the road, that they did not require the applicant to bring it up to City standards. 5 - �V . l;ESlc�t r�:JIL;r RESOLUTION \'0. A - 8 71- 1 CTTY OF SARATOGA PLA ,INI?NG CCt,',IISSION STATE OF CALIFORNIA . I. FIL% ha: A-.871 3ti�itEAS, the City of Saratoga Planning Commission has received an application =:for Design Review Approval of a two -story dwelling on Lot #3, Tract #6628 (near Tollgate Road) and hHER A.S, the applicant ..(i=) - (has -:not) met the burden of proof required to -support his said application, NOW, THEREFORE, BE IT RESOLVED that -after careful consideration of the site --plan, architectural drawings, landscape plans and other exhibits submitted"in ccnnec- - tion with this matter, the application of -- MC BA I N & G I B B S -_for Design Review Approval be and the same is hereby (gr ) (denied) subject to the follocring conditions: Per the Staff Report dated April 20, 1983 and Exhibits "B" and "C". `PASSED AM ADOPTED by the City of Saratoga Planning Ca- zu-ssion, State of = California, this 27th day of April 19 83- by -the follo•,%-ing roll call vote: ' AYES: Commissioners Bolger, Crowther, Hlava, McGoldrick, Nellis, Schaefer and Siegfried —NOES: None :ABSE%T: None in;an, amung Lcimu!3s A,6n ATTEST: G� Ci�GGt.�y if c cr -ark• i a. ling ��Tunis - on City Council. City of Saratoga. Saratoga, California. Our .residence is located at Saratoga, California. Because Dur residence is located in the vicinity of Tract 6628 on Tollgate Road, we are interested in the type and location of construction at Tract 6628. We feel that the proposed residential con- struction on Lot 3 of Tract 6628 is befitting the lot and will be a compliment to our neighborhood. We ask your approval of the drawings for Lot 3, Tract 6628, as submitted. City Council City of Saratoga Saratoga, California Our residence is located at ' 2 1 q o 0 ' o L- L G- /'9 i A�- R1) Saratoga, California.' Because our residence is located in the vicinity of Tract 6628 on Tollgate Road, we are interested in the type and location of construction at Tract 6628. We have reviewed the drawings for the proposed residential construction on Lot 3 of Tract 6628 and feel that the residence as proposed is befitting the lot and will be a compliment to our neighborhood. I urge the approval of the drawings for Lot 3, Tract 6628, as submitted. K L ZE IAi City Council. City of Saratoga. Saratoga, California. Our residence is located at A4701 i 6myt"eP Q'oy,►' j Saratoga, California. Because Dur residence is located in the vicinity of Tract 6628 on Tollgate Road, we are interested in the type and location of construction at Tract 6628. We feel that the proposed residential con- struction on Lot 3 of Tract 6628 is befitting the lot and will be a compliment to our neighborhood. We ask your approval of the drawings for Lot 3, Tract 6628, as submitted. City Council. City of Saratoga. Saratoga, California. Our raci ri nnrra i c l nr n +ari n+ —OZ, Z_ Y AT —&; Saratoga, California. Because .cur residence is located in the vicinity of Tract 6628 on Tollgate Road, we are interested in the type and location of construction at Tract 6628. We feel that the proposed residential con- struction on Lot 3 of Tract 6628 is befitting the lot and will be a compliment to our neighborhood. We ask your approval of the drawings for Lot 3, Tract 6628, as submitted. CITY OF SARATOGA � Initial: AGENDA AGENDA BILL NO. 46 Dept. Hd. DATE: June 1, 1983 C. Atty. DEPARTMENT: Community Development C. mgr. SUBJECT: A -857, V -605, Hap Campbell & Vicki Van Valer, 14721 6th Street Issue Summary The applicant applied for design review and variance approval to construct a multi -story addition to an existing two -story structure which maintains a 16 foot front yard setback where 25 feet is required. The primary concern expressed on this item was the proposal's compatibility with other single story structures in the neighborhood. At the first hearing on this item the Commission denied the application. 3 -2. Upon a reconsideration requested by the applicant at a following hearing the Commission approved the item 5 -0. Recommendation 1. Conduct a public hearing on 2. Determine the merits of the 3. Staff recommended approval Fiscal Impacts None noted Exhibits /Attachments 1. Letter of Appeal 2. Staff Report dated 3. Planning Commission 4. Exhibits "B & C" 5. Resolutions A -857 -2 Council Action the appeal appeal and approve or deny. of the variance and design review. 6. Correspondence received on the item. 2/11/83 minutes dated 2/23/83 and 4/13/83 & V -605 -2 6/1: Moyles /Clevenger moved to grant appeal, waiving fees for applicant if he files different application within 6 months, because of irregular procedure. Passed 3 -1 (Fanelli opposed) Date Received: J Hearing Date: Fee CITY USE ONLY APPEAL APPLICATION Name of Appellant: Gaylen W. Leishman Address: 20770 Pamela Way Telephone: 867 -0123 Name of Applicant: Hap Campbell and Vicki Von Valer Project File No.: V -605, A -857 Proj ect Address • 14721 -6.th Street Project Description: Add a third story, and convert the existing non - conforming garage to living space. New garage propsed to be constructed and Decision Being Appealed: access is,proposed to change from 6th Street to Pamela Way where the new garage will be constructed. Grounds for the Appeal (Letter may be attached): See letters and signature attached LE `AppV lant I s ignature *Please do not sign this application until it is presented at the City offices. If you wish specific people to be notified of this appeal please list them on a separate sheet. THIS APPLICATION MUST BE SUBMITTED WITHIN TEN (10) CALENDAR DAYS OF THE DATE OF TFI nnR- T.CTnV izla{ April 26, 1983 City Council of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 RES" RE: Variance #V -605 and Design Review #A -857 Campbell & Van Valer 14721 Sixth Street Saratoga, California 95070 Attention: Linda Callon, Mayor and Council Members: Martha Clevenger Virginia Famelli_ John Mallory David Moyles Dear City Council Members: Initially the Planning Commission turned down the application V -605, H -857 because of concern regarding exiting near a corner on a driveway with a grade, as well the third -story appearance from Pamela, and the danger of traffic on the corner of Sixth and Pamela. After reconsideration, and much lobbying by the applicant it was back on their agenda, without any revisions, and the commission then approved it. We are appealing the April decision of the planning commission. My wife and I reside directly behind the Campbell's.home. When we purchased our property 14 years ago it was predicated on the fact that the surrounding homes were one story and fit the "quaint" atmosphere of the village. The home on our right (presently owned by the Campbell's) was in our def- inition a two story, but due to adequate foliage and a small family (one woman and husband) we felt that our privacy could be maintained. We now feel this important right is in jeopardy. After fourteen years in our home and 20 years as a Saratoga resident it is frightening and appalling to think we should have to move because a home which has been sold at least four times in the last seven years might be allowed to jeopardize the privacy and property value of our home as well as our neighbors. If the Campbell's had truly intended on "growing old in the village they love ", as expressed in their letter, then why were they trying to sell their home and move south just months ago. This move didn't occur because the home didn't sell, and as Mr. Campbell stated to us he felt it was because the house was small. It seems logical to us that after the addition, and with the added space, the house might be more apt to sell in todays market, a definite underlying motive. This would leave us with a towering monster, loss of privacy, and possibly a decrease in the value of our home. Our den is on the east side of our home with a glass slider which opens to a deck that is roughly 18 feet from the Campbell's home. The close proximity of the dwellings make it tough enough to main- tain privacy without another level added. It was stated in the Campbell's letter to the City Council that their eucalyptus trees would hide the addition but these trees are not between our house and theirs thus it isn't a solution to the problem. Usually an ordinance sized tree is only removed if it is diseased or dying and even then it must be replaced by another. We feel that due to this situation an on -site inspection by the members of the City Council would be helpful to fully understand the basis for our appeal. In the staff report there was a letter from Mr. & Mrs. Dutro that stated the addition would not interfere with the views or privacy of the neighbors. The Dutro =s live a block away at the end of the street. It has been previously stated that there have been accidents enter- ing Pamela Way from 6th Street. We would like to emphasize the apparent danger that would be added to this already "blind corner" if the Campbell's driveway was to be moved to Pamela Way. Granting of .this variance would be most detrimental to the future safety of Pamela residents. The Campbell's home has had the driveway off of Sixth Street for thirty years without any problems. Changing access to Pamela will propose quite an added burden. The consultants report stated the land is safe for the addition, but consultants have been known to be wrong. The fact is, there are springs under the ground. The original owner, Mrs. Sillstrop was frightfully aware of the underground springs. During a time when mudslides on Bowman have been prevalant and after witnessing streams of water flooding 6th Street during the winter, we don't feel comfortable with the stability of the ground, as well as the foundation, to tolerate another story. This neighborhood was developed over 30 years ago. The neighbors have lived here for decades, and always conformed to the architectural continuity of the other homes on the block. This addition will not meet these requirements. It's not right for someone that just moved in four years ago to upset the privacy and characteristics of the long time residents. We are very concerned with the fact that if this is approved it may set a precedent for all the other homes on Pamela. If any of the homes to our left did the same thing, and they said they would, we would lose our view. This would put our home in a canyon and we wouldn't be able to see anything. The view of the beautiful Saratoga hills has enchanted us for 14 years, we cannot bear the thought of losing something thats so much a part of our everyday life. Enclosed is a list of the neighbors that would be directly affected by this proposal, not the neighbors that live blocks away. Some, after careful reconsideration to the impact and repercussions of this issue have changed their stand and would like to stop this addition, they are included in this list. In conclusion, we sincerely hope and feel confident that careful consideration will be given to our views and feelings in order to render a fair decision. „ p S' cerely, . ay en Leishman Galin K. Leishman Betty Leishman WE, THE UNDERSIG:viD, WISH TO APPEAL RECEIVED THE ACTION TAKEN MAY 19193 B -, SARATOOA PLANNING COMMISSION AT THE APRIL 13 MEETING, TOPER MIT E�OPMENT THE ADDITION OF A SECOND STORY TO THE RESIDENCE AT THE CORNER OF SIXTH STREET AND PAIME •A WAY. THE COMMISSION'S ACTION SETS A PRECEDENT IN A NEIGHBORHOOD OF ONE STORY HOMES. Date Name Address ff �� 8$3 f,3 U � 7/ j / FOAF 11 /)A Gq�,t C33� 3 J � k/ z�i / J / a08D (7 a �ee a Q apt. RECEIVED MAY 191983 COMMUNITY DEVELOPMEN'o� I � R —M, 4,00 20777 Pamela `lay, Saratoga April 15, 1983 To: Mayor Linda Callon and City Council members From: Mary J. Moss Re: Permit for third story remodeling at 14721 Sixth Street This statement is to explain why I oppose the action of the Saratoga Planning Commission in granting a permit for a third floor addition to the residence of Hap Campbell at 14721 Sixth Street. This is a substandard lot with a 16 ft. setback and a 26% slope. Altho the planning Commission overlooked the precedent this sets in a neighborhood of predominately modest single story homes, and the encouragement this approval gives to others to remodel. (A neighbor who is interested in selling, attended the April .1.3 appeal meeting to observe the procedure necessary to get a permit.) The possibility of a row of three story structures on the high side of the street would change the character of the neighborhood. To emphasize the differences in elevation of the two sides of the street, the floor of the proposed garage.will be higher than the peak of the roof of the -home acrbss._the street. The view from the living room windows of the homes on the north side of Pamela !May will be a three level structure. Second floor additions *PnErally are quite obvious and do not follow the lines of the 7- iginal design. A horrible example, approved by the Planning Commission, is at 20825 Pamela Way, and now used for rental. "Trees will screen the house." This is only partially true. One tree must be removed for the entrance to the proposed garage. These trees cannot be consid- ered permanent. Former owners have kept the eucalyptus trees topped to prevent wind damage. Grading for the proposed drive- way (2 ft. excavation) could distrubethe root systems making the likehood of wind damage greater. Page 2 of( Rd The entrance onto Pamela ['Jay from behind a. brick wall to a blind corner at Sixth Street appears hazardous to me. The owner has lived at this address for four years. (Those most concerned have lived here from 14 to 33 years.) During these four years the owners have remodeled a bedroom and added a deck. They had the property up for sale for a number of months. The owner stated at the appeal neeting that the reason for remodeling is to have a dining room. This omission was obvious when they purchased the property. Question: rust • neighborhood be saddled with a three story structure so that • couple may have a dining room? Those who support this remodeling venture must be unable to visualize the impact of an additional floor; or they have an ulterior motive; or they are victims of a snow job. Those who oppose this permit are interested in preserving the aesthetic and protecting property values. I hope the City Council agrees. , AXot4,� April 22nd, 1983 TO : Saratoga City Council City ±all Sarato,a, CA. 95070 IN gF : Request for FRO"-I: H. J. 7Harlor Pamela i'ay 20824 Pamela Way Variance Saratoga, CA. 95070 Dear ;;.embers - Since the late 1940s, the Carlton Tract (principally Pamela Way) has been, and was intended to be, a development of small, one-story, single family dwellings. Until now, with the excep- tion of one residence, that is the zoned condition of this immediate area. The majority of the present residents wish it to remain so. In view of the appli- cation for the change in the structure of the house at the corner of Pamela s,7ay and 6th Street, coupled with the hazard of a driveway fronting unnecessarily near the junction of the above two streets, along with the reported intent of the occupants of ;;20782 Pamela ffay wishing to also add to their structure - - both to have a 2nd story above ground in addition to there being garages underneath presenting a 3rd level - - it is obvious that the appearance and char- acter of this small corner of Saratoga would be mark- edly changed, in addition to a trespass upon the wishes and conformity of the several residents v-ho oppose this change. The old "saw" - - "once bitten - twice shy" - is applicable here for those of us who like our "hideaway" without more changes than have occurred. Respectfully submitted, H. J ' Harlor c RECIE I "I �D ,'.: t 2 9 ISU' L=c v February 18th, 1983 TO Flanning Cor,Tr:issicn I. t_J l City of Saratoga - PERMIT REVIEW FPO?` Residents cf ?a^iela i ay IN PE : application for Variance to Property at #E 14721 Sixth (6th) Street The undersigned residents of Pamela Iffay : Glace s Al. Duncan # 20801 'ZA"4� '61, - -, _ Charles C. Long # 793 "ary ?;oss rc 20777 I _V Jean & Harry Hafric` ;# 2062u being unable to attend the public hearir_r to be held - .ednesday, _ebruary 23rd, 1983 (due to hospitalization - or other cor1- mitments) cence-,n ng the abcve application, wish to express cur considered cnir_ion and ocncern regarding said requested variance. The primary objecticn is to the proposed drive opening on the almost irmediate junction of Pamela i".ay and 6th Street. This is a partially "blind" junction now, and any added vehicle openino(s) at this point, .or nearby, ,•;ould without question add to the potential danger. This hazard was considered when the tyro ccrner houses were built, and therefore drives were made for same on 6th Street (as well as being_ less expensive and more convenient) . Also, in ]:een_ng the orif -;inal subdiv s_ion Vu pose of single, one - stop r '-c uses - - 'ic., most cf the 1on7-t ..e rest Cents have su:;scribed to ana is not in t.:e neic d �orhoo ' s aestL7etic interest to ;e lap e t,:o stop; str.:cture at variance i,:4Lt:r tie rest of - .e h07!es . 'fr a1 o^.;ler, •,a5 a_.iC a� arE t � e lcr:er that � ��.. hillside is undermined w:lth snri::•-s. TO Saratoga City Hall Saratoga, C C i RECEIVED ;1ay 12th, 1983 City Council CA. 95070 FROM : Jean C. Harlor 20821 Pamela i ay Saratoga, CA. 95070 MAY 191983 COMMUNITY DEVELOPMENT SUBJECT Application for V -605 & A -857 at 14721 6th St. I was one of the signers of the letter to the Saratoga Planning Commission dated February 18th, 1983 objecting to the Application for Variance of Property at 14721 Sixth Street. 111y objection was based upon the potential danger of the proposed driveway opening on to Pamela 'day only 20 feet from the corner of Pamela ':fay and Sixth Street, and also on the appearance of a multi -story house in a neighborhood of modest one - story homes. I also attended the Planning Commission hearing on February 23rd, 1983 at which the Request for Design Review and Variance Approval was denied. Vicki Van Valer came to my home several days later and showed me the architect's plans for remodeling their home, and explained their reasans_:, for wishing to make these changes. She asked me to sign a state- ment of approval of their building plans, which I did. Since our home is at the opposite end of the Pamela ti`lay Cul -de -sac, their house is not visible from ours. I now have been told that another recent resident of Pamela Way has said that if the Campbell - Van Valer addition is approved, he would like to add another story to his house in order to make it more saleable. This justifies the fears of long -time home owners on Pamela ',-,iay of changes which would detract from -the appearance and character of this neighborhood, if such variations are approved. Therefore, I am signing the attached Change of Position and Appeal of Action of the Planning Commission forms. C. 1WJ REPORT TO PLANNING COMMISSION ci'y of caraiora SUBJECT V -605, A -857, Hap Campbell, DATE: 2/11/83 Commission Meeting: 2/23/83 Vicki Van Valer, 14721 6th St. REQUEST: Design Review and Variance approval to construct a third story addition to a two - story, single family dwelling which encroaches into the front yard of a corner lot, 16' where 25' is required. OTHER APPROVALS REQUIRED: None PLANNING DATA: PARCEL SIZE: 8,733 sq. ft. ZONING: R -1- 10,000 SITE DATA: SURROUNDING LAND USES: SITE SLOPE: 26% GENERAL PLAN DESIGNATION: Medium Denisity NOTICING: Notice of this project has been mailed to surrounding property owners posted on site and advertised in the Saratoga News. Single family residential SLOPE AT BUILDING SITE: 12% NATURAL FEATURES & VEGETATION: Existing landscaping consists of several non - ordinance sized oaks, 3 ordinance - sized eucalyptus and one 30" diameter monterey pine. Evergreen shrubbery also grows along the boundaries of the site. The site slopes down north to south approximately 26 %. GRADING REQUIRED: CUT: 60 cu. yds. FILL: 10 cu. yds. CUT DEPTH: 2 ft. FILL DEPTH: 2 ft. SETBACKS: Front -16' Exterior Side -33' Interior Side & Rear -8' Since this is a substandard lot in width, 10% of the lot width, 8' is allowed by ordinance Report to the Planning Commission Page 2 V -605, A -857 2/11/83 HEIGHT: 29'6 ", 30' is the maximum allowed SIZE OF STRUCTURE: Existing (including garage) 2,431 sq. ft. 2nd Floor Addition: 1,024 sq. ft. Total 3,455 sq. ft. ALLOWABLE FLOOR AREA: 3,500 sq. ft. is allowed by ordinance IMPERVIOUS COVERAGE: 53 %, 60% is allowed by ordinance COLORS & MATERIALS: Tan stucco at basement level & horizontal woodsiding painted "medium brown" will cover the mainstr.ucture. Natural cedar shakes will be utilized for the roof. SOLAR: None proposed. PROJECT DESCRIPTION: The applicant is proposing to add a third story, and convert the existing non - conforming garage to living space. A new garage is proposed to be constructed where storage area presently exists under the first.floor on the northern side of the structure.: Some 60 cubic yards of grading will be required to accomplish this. Access is proposed to change from 6th Street to Pamela Way where the new garage will be constructed. The plans have been reviewed by William Cotton & Associates. Their recommendation is included. The design review findings shall follow the variance findings in this report. FINDINGS V -605 (Front Yard Setback) 1. Physical Hardship There is a physical hardship associated with the site in that it is substandard in lot width, 80' is existing where 100' is required; and in .lot depth, 110' is existing where 115' is required; and,in size, 8,733-sq.--ft. is existing where 1 1,500 sq. feet is the minimum required. Staff feels that this is a significant hardship in maintaining the street -side setbacks. .. 2. Exceptional or Extraordinary Circumstances There is an exceptional circumstance associated with the property in terms of lot width, depth and size. There is also an exceptional circumstance in that the existing subject garage is located approximately 8' lower than the neighboring structure to the south. This provides an adequate barrier between the parcels so that privacy impacts from converting the garage to livable space will be mitigated. 3. Strict or Literal Interpretation Strict or literal interpretation will deprive the applicant of privileges enjoyed by property owners in the same zoning district. Other variance requests have been granted in this zoning district primarily,in the front yard,when exceptional circumstances were present. C Report to Planning Commission Page 3 V -605, A -857 2/11/83 4. Grant of Special Privilege Granting of this variance would not constitute a grant of special privilege, as other variances with similar circumstances have been granted. V -576 (Jones), V -580 (Sprague), V -582 (Rohleder) 5. Health, Safety & Welfare Granting of this Variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. FINDINGS A -857 (Design) 1. Avoid Unreasonable Interference with Views & Privacy The applicant has indicated that they have spoken to their surrounding neighbors, and determined that visual or privacy - related impacts would not result from the proposed addition. Staff's review of the site found that existing landscaping appears to mitigate privacy impacts and noted no visual impacts as a result of the addition. 2. Preserve Natural Landscape The plans indicate that one ordinance size eucalyptus tree will be removed to accommodate the proposed driveway. However, there are numerous other trees on site which balance the loss of this tree. 3. Minimize Perception of Excessive Bulk & Compatible Bulk & Height The structure will appear to be three -story from the north, east and west ele= vations. From the north elevation, the structure will appear approximately 8' higher than the adjacent two -story structure to the east. However, this height difference does not appear to make a significant impact in terms of bulk, as the subject site and surrounding sites along 6th St. do contain gently to moderately sloping topography, so that the multi - leveled design does not appear unusual. In addition, the site does contain several (60'± tall) eucalyptus trees which tend to buffer the structure visually. 4. Current Grading and Erosion Control Standards Staff has reviewed the plans and has determined that the site work can be accom- plished according to City ordinances. 5. Infills: Compatibility, Views, Privacy, and Natural Features The proposed major addition will be compatible in terms of bulk, and will not obstruct views or impact privacy of adjacent parcels. RECOMMENDATION: Approve per staff report dated 2/11/83 and Exhibits "B" & "C" subject to the following conditions: A. Prior to issuance of building permits: Report to Planning Commission \ Page 4 V -605, A -857 - Hap Campbell 2/11/83 1. The applicant shall comply with the recommendations contained in the letter by William Cotton & Associates dated 2/15/83. 2. Minor modifications to the approved elevations require the review and approval of the Permit Review Division. 3. Submit detailed grading and drainage plans to the Community Development Department for their review and approval. Approved: I• Sharon Lester Planner SL /dsc P.C. Agenda: 2/23/83 J$ 4��,Io,000 II C� -S� Planning Commission Page 4 Meeting Minutes 4/13/83 C A -861 (cont.) Commissioner Crowther moved to deny A -861, based on the discussions. Commis- sioner McGoldrick seconded the motion, which was carried 4 -2, with Commissioners Siegfried and Schaefer dissenting. Commissioner Hlava commented that the major reason why she voted to deny this application is because she does see it as setting a precedent. She added that she feels that this subdivision in its entirely impacts the other homes in the area, and there is a problem with compatibility. Commissioner Nellis also noted that he cannot make the findings regarding compatibility. The 10- day appeal period was noted. 7a. A -852 - Thomas Whitney, 14880 Sobey Road, Request for Building Site 7b. SDR -1536 - Approval and Design Review Approval to construct a two -story addition to a one -story single family dwelling in the R -1- 40,000 zoning district (near Springbrook Lane) Commissioner McGoldrick gave an on -site inspection. Staff described.the pro- posal. The public hearing was opened at 8:55 p.m. The conditions of the Staff Report were clarified to Roger Kohler, the architect. Commissioner Crowther moved to close the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve A -852 per the Staff Report dated April 6, 1983 and Exhibits "B" and "C ", and SDR -1536 per the Staff Report and Exhibit "B ". Commissioner Crowther seconded the motion, which was carried unanimously 6 -0. 8. V -541 - J. Brozda, 14503 Big Basin Way (Maddalena's), Request for Variance Approval from the parking requirements described in Section II.2 of the Zoning Ordinance for a restaurant /retail sales in the C -C zoning district (near 3rd Street) Chairman Schaefer gave the history of the application. She noted that some cities are now requiring in lieu payments for parking spaces not provided from a business. It was the consensus that this matter be continued to May 11, 1983 so that this information may be obtained from Carmel and Monterey. The public hearing was opened at 9:02 p.m. Mr. Doug Adams stated that he would give comments at the next meeting. The Deputy City Attorney asked Mr. Adams to coordinate with his office prior to the next meeting. He added that he will review the legislation from Carmel and Monterey to determine if it would be an option. He stated that if it is an option it would be an option possibly to be adopted on a much broader scale, no doubt in connection with the Village as a whole and not just simply confined to Maddalena's. It was directed that this matter be continued to May 11, 1983. Break - 9:05 p.m. - 9:20 p.m. (Commissioner Crowther left at 9:05 p.m.) 5 - Campbell and Van Valer, 14721 Sixth Street, Request for Design 9b. A -857 Review and Variance Approval to add a multi -story addition to a two -story dwelling which will maintain a 16' front yard setback where 25' is required in the R -1- 10,000 zoning district (recon- sideration) Staff described the proposal and gave the history of the project. The issues of the project were noted. A letter from the residents on the street stating their concern about parking, the driveway and setting a precedent was noted. The public hearing was opened at 9:21 p.m. Vicki Van Valer, the applicant, thanked the Commission for their reconsidera- tion. She addressed the petition of the four neighbors and also submitted a letter in support of the project. She commented that they had shown their plans to all of the neighbors. She described the proposal and existing landscaping. Mary Moss, 20777 Pamela Way, spoke to the exit of the driveway and the dangerous corner at Sixth Street. She indicated that the existing building is at the highest point on the street and if a second floor were built it would be tower- ing over the street. She also noted the springs in the hillside. oft - 4 - Planning Comm ission Page 5 Meeting Minutes 4/13/83 V -605 and A -857 (cont.) Sue Robertson, 14730 Sixth Street, spoke in favor of the project. Mr. Leishman, 20770 Pamela Way, voiced his objection to the project. He stated that the existing home is now a two -story home and a three -story home would be an eyesore to the neighborhood, would depreciate his property and take away his privacy. He noted that he had given up his previous plans for a second story because of the neighbors' wishes. Dennis Burrow, the architect, described the driveway and addressed the slope of it. Mary Lynn Dutro, Pamela Way, spoke in support of the project. Commissioner Siegfried moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Hlava stated that she had voted for the application at the previous meeting because she did not have a problem making the variance or design review findings. She commented that she feels that it is a very unique lot and sub- standard in size. She added that she feels this will be an enhancement and the driveway access will be safer than what is currently there. Commissioner McGoldrick agreed. She stated that, although she is very sensitive to the neighbor's feeling about privacy, she feels that with the existing land- scaping it will not impact, and the height falls within the range of the ordi- nance. Commissioner Nellis commented that he can support the variance and design review. Commissioner Schaefer asked Mr. Leishman if removal of some of the windows and adding sky lights, specifically in the rear, would help mitigate some of his privacy concerns. Mr. Leishman commented that this would not help; he would still be opposed to the project. Commissioner Siegfried stated that he feels that the applicants have done a nice job with the plans and have offered to do everything possible in terms of their not being able to look down on the adjacent property. Commissioner Hlava moved to approve V -60S, making the findings in the Staff Report dated February 11, 1983, per Exhibits "B" and "C ". Commissioner Siegfried seconded the motion, which was carried unanimously 5 -0. Commissioner Hlava moved to approve A- 857,,per the Staff Report dated February 11, 1983 and Exhi- bits "B" and "C ", making the findings. Commissioner Nellis seconded the motion, which was carried unanimously 5 -0. Chairman Schaefer added that she would encourage the applicant to work with the neighbor to see if something can be done to mitigate his concerns. The 10 -day appeal period was noted. 10a.A -862 - Michael Elder, Request for Design Review and Building Site 10b.SDR -1535 - Approval to construct a second story addition to an existing single story structure at 19208 Panorama Drive (near Via Colina) in the R -1- 40,000 zoning district Commissioner Nellis gave an on -site report, noting the site and mitigating privacy impacts. Staff described the proposal, stating that the sport court is not part of the approval. The public hearing was opened at 9:45 p.m. Stan Winbeck, the neighbor on the westerly side, expressed his support for the project. Ile noted that he felt it would be an enhancement and the windows on the second floor pose no problem. Mr. Elder, the applicant, clarified that the neighbor across the street has no problem with the plans. Commissioner Siegfried moved to close the public hearing. Commissioner Nellis seconded the motion, which was carried unanimously. Commissioner Hlava stated that, in making the findings for compatibility, they had noted that there were a lot of two -story homes in the neighborhood. Commissioner Nellis moved to approve SDR -1535 per the Staff Report dated 0% - S - 0 - KS i7 Planning Commission Page 2 Meeting Minutes 2/23/83 CZ _E Campbell and Van Valer, 14721 Sixth Street, Request for Design 3b. V -605 - Review and Variance Approval to add a multi -story addition to a two -story dwelling which will maintain a 16' front yard setback where 25' is required in the R -1- 10,000 zoning district Staff described the proposal. The correspondence received on the project was noted. Commissioner McGoldrick gave a Land Use Committee Report, stating that could not see that the project would hamper the view. Commissioner Hlava noted that all of the houses on that side of the street have garages underneath. Staff described the entry into the driveway. The public hearing was opened at 7:S5 p.m. Dennis Burrow, the architect, gave a presentation on the project and discussed the driveway. Chairman Schaefer expressed her concern regarding setting a precedent for three-story structures. Mr. Burrow explained that the three - store aspect is primarily a technical definition, because the lower level where the garage is going is an illegal space for any kind of habitation from the stand- point of the Building Department. He indicated that it would be partially screened by a deck, shrubs and landscaping. Staff noted that there are three levels. Harold Blair, 20761 Pamela Way, spoke in opposition to the driveway on Pamela because of the steepness of the grade. Staff explained the construction of the driveway, indicating that it would enter onto Pamela near the corner, approxi- mately 20 -25 feet from the pavement on Sixth Street. They added that there is a lesser slope across this direction than coming straight out to Pamela. They indicated that they did not believe that the location of the driveway would be a hazard, since it enters onto Pamela rather than Sixth Street. Commissioner Hlava moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. Commissioner Hlava moved to approve V -605, making the findings as stated in the Staff Report dated February 11, 1983. Commissioner McGoldrick seconded the motion. The motion failed 3 -2, with Commissioners Crowther, Bolger and Schaefer dissenting. Commissioner Crowther moved to deny A -857. Commissioner Bolger seconded the motion, which was carried 3 -2, with Commissioners Hlava and McGoldrick dissent- ing. Commissioner Schaefer and Commissioner Bolger indicated that they had voted against the three -story aspect and because of concern regarding exiting near a corner on a driveway with a grade. Commissioner Schaefer added that she had no opposition to converting the garage into living space if a new driveway could be a little bit further from the corner. Commissioner Crowther stated that his basis for denial was the third -story appearance from Pamela, the drive- way being at the slant that it is near the corner of Sixth, and the traffic coming down Sixth. The 10 -day appeal period was noted. 4. A -853 - Kenneth J. Naber, 12460 Ted Avenue, Request for Design Review Approval to construct a second -story addition to a one -story single family dwelling at Ted Ave. near Zorka Ave. in the R -1- 10,000 zoning district; continued from February 9. 1983 The proposal was described by Staff, noting that there is sufficient area on the site for a single -story addition. Commissioner McGoldrick gave a Land Use Committee Report. She commented that Commissioner Nellis had noticed that the present deck outside' seemed to have a pool in it and it appeared to be very close to the lot line. She indicated that they saw no problem with the screening at the rear. Possible landscaping for screening purposes from a new subdivision was discussed. The public hearing was opened at 8:15 p.m. The applicant spoke on the project, indicating that there is a two -story directl behind his property. lie stated that he did not have room on the site for a one -story addition. - 2 - DF tCI ru:1ia; RESOLUTION \0 . A-857-2 CITY OF SARATOGA PLANCNING CU-71ISSIal STATE OF CALIFORNIA FIL% ED: A -857 IMRFM, the City of Saratoga Planning Coumiissio-n has received an application =:for Design Review Approval of a multi -story addition to a two -story dwelling which will maintain a 16' tront yard setback w ere ZbI is required in the R- 1- 10,000 yzoning district and =-=- WHERE11.S, the applicant - -(has) - (hmxxat) met the burden of proof required to •-support his said application, - - mil, THEREFORE, BE IT RESOLVED that-after careful consideration of the site -plan, architectural drawings, landscape plans and other exhibits submitted in. cennec- -- tion kith this matter, the application of -­CAMPBELL AND VAN- VALER -_for Design Review Approval be and the same is hereby (granted) (dwdx # subject to 'the folloti ring conditions: - I t Per the Staff Report dated February 11, 1983 and Exhibits. "B" and "C ". (jteconsideration) `PASSED ADD ADOPTED by the City of Saratoga Planning Camaission, State of = California, this 13th ..day of April - 19 8 3- by the follcrAdng roll call vote: AYES: —NOES: :.ABSEN7: Commissioners Hlava, McGoldrick, Nellis, Schaefer and Siegfried None Commissioners Bolger and Crowther 1 pan, aniung Loi ❑fission ATTEST: cretzr , tl-Wr, l�iiL111S�1On •VARIANCE UDC X@MWM C. FILE NO.: V -605 RESOLUTION NO. V -605 -2 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA WHEREAS, the City of Saratoga Planning Commission has received the application of CAMPBELL AND VAN VALER for a Variance to add a multi -story a lE on to a two-story we ing which win main ain a 16' front yard setback where 25' is required in the R -1- 10,000 ; zoning district and WHEREAS, the applicant (has) (kxxxxak) met the burden of proof required to support his said application; NOW, THEREFORE, BE IT RESOLVED that after careful consideration of maps, facts, exhibits and other evidence submitted in this matter, the application for the Variance be, and the same is hereby (granted) (daxxxd� subject to the following conditions: Per the Staff Report dated February 11, 1983 and Exhibits "B" and "C ". (Reconsideration) BE IT FURTHER RESOLVED that (the Report of Findings attached hereto be approved and adopted) �x�c�cxsax]��x�tssxics�xsg) , and the Secretary be, and is hereby directed to notify the parties affected by this decision. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 13th day of April 19 83 , by the following roll call vote: AYES: Commissioners Hlava, McGoldrick, Nellis, Schaefer and Siegfried NOES: None ABSENT: Commissioners Bolger and Crowther ATTE 4,_ � C airman, Plannin Commission Secretary, arming ommission March 4, 1983 City Council of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Attention: Linda Callon, Mayor and Council Members: Martha Clevenger Virginia Fanelli John Mallory David Moyles Dear City Council Members: Q x:1983 RE: Variance #V -605 and Design Review #A -857 Campbell & Van Valer 14721 Sixth Street Saratoga, CA 95070 On February 23, 1983 our request for Design Review and Variance Approval was denied by the Saratoga Planning Commission. We are appealing that decision. We have filed the necessary papers requesting this appeal, but are asking for an-extension of time to April 1st as we have contacted the Planning Commission for approval for a continuance due to extenuating circumstances. We understand that they will vote on whether or not to approve the continuance in their meeting of March 9th. If there is a majority approval, then we are told that we would have an opportunity for further hearing at their March 23rd meeting. Because of phone calls placed by my husband, Hap Campbell to members of the commission,we have reason to believe that we may gain their approval. We are hopeful that granted a continuance, we will not need to speak before the City Council but as no decision has been rendered,we are proceeding with our appeal to you. We are appealing the February 23rd decision of the Planning Commission based on what we feel is either a misunderstanding or incorrect interpretation of our building plans due to the following: 1) "MULTI" STORY MISLABELING - We feel that our residence is incorrectly, and therefore unfairly, termed a two -story building since one of those "stories" is not (according to City code), legally inhabitable due to headroom space of less than 6 1/2 feet. 2) VARIANCE - The request for a variance of a 16 foot setback where 25 feet is required, will not change that section of the exterior of the house, in terms of size, since it was originally constructed at the 16 foot set- back when the house was built in approximately 1952. Vari�_gce #V- 605,and D( gn Review #A -857 Campbell & Van Valer -2- 3) PAMELA STREET DRIVEWAY - There was some question as to the safety of moving the garage from Sixth Street to Pamela Street. Here, on -site review would clearly show that backing down onto Sixth Street, as we do now, is obviously much more dangerous since the street is at such a severe angle that it can cause (and has caused) our car to slip backwards. When backing onto Sixth Street, it is almost impossible for any driver comina from the top of Sixth Street from Oak Street to see us backing out of our current driveway (nor can we see them, an equally dangerous situation.) Contrastingly, Pamela is a safe cul -de -sac consisting of 8 -10 houses and is almost flat at street level. We feel that due to the somewhat unusual nature of our residence, an on -site inspection by either the members of the P('anning'Lommi_s-ion or members of the City Council is desirable. In order to further understand the basis for our appeal we would like to address each of the three points listed above more specifically. 1) "MULTI" STORY MISLABELING - Our uninhabitable "story" is merely a walled -in portion of the support posts of the existing one story house. It is built into the side of the hill, and is a very small fraction, in size, of the house itself, being at most only 10 feet wide. We feel that it was not part of the original construction, and merely stuccoed in in later years. It was never intended to be structurally, or architecturally, part of the livinq quarters, but rather as a storage or crawl space to reach the under- side of the house itself. Because of our hillside situation, we have neighbors both above and below us. Adding what we, and our neighbors, consider a second story would not appreciably alter that situation. In fact, because of the many very tall trees and lush shrubbery in our yard, many of our neighbors would notice little, if any, change in the overall bulk of our residence. Our neighbors, Ivan and Jaleen Holmes, who live directly behind and above us, were our greatest concern when considering the addition of a second story. They told us that they had no objections to our plans and, in fact, invited us into their living room to determine whether or not their-view would be altered in any way. -Not only did all of us determine that our second story would not affect their view but that their viewing windows faced towards the southwest rather than northerly, towards our house. 2) VARIANCE - Again, in terms of the 16 foot setback variance, we are requesting a permit for a change in use of the interior of the garaqe rather than a permit for construction to change the existing 16 foot setback. By conver- ting the garage to living space we can then remove the existing asphalt driveway in the front of the house and replace it with additional trees, flowers, and shrubbery. This, by the way, has been met with enthusiastic response by our neighbor directly across the street, Susan Robertson, who looks down at our house and its asphalt drive, from her living room windows. Variu> ce #V -605 and D4 In Review #A -857 Campbell & Van Valer -3- 3) PAMELA STREET DRIVEWAY - Because of our need and desire to change our existinq garage into part of our existing living quarters, we are pro- posing that a new garage and driveway be installed on the Pamela Street side of our property. Current City law denies us the use of the under portion of our house for living purposes so we are requesting use of it as a garage. We have paid both the City as well as a private concern, Dodge- Shepherd Assoc. Surveying, for a report on the effect of grading and digging out this area to allow for a two car garage. Neither report found that this would be detrimental to the existing structure, an additional story, or geological conditions. Four neighbors on Pamela Street submitted (without notice to us) a written petition against our proposed driveway . Apparently, they were concerned as to the danger of an opening on Pamela as well as the use- fulness and esthetics of a proposed driveway. One neighbor, Mr. Blair, who spoke out against us at the meeting had never seen our plans for the proposed driveway and, like these other neighbors, assumed that it would be a vertical driveway, coming up directly from the street level. This they felt would result in non -use and additional cars parked on the street. We agreed that this objection was certainly understandable and therefore met with Mr. Blair and the four people who had signed the opposing petition to clear up this misunderstanding. We explained that the driveway would gradually slope to the new garage. It would be kept to a minimum width, 10 feet, would be tastefully paved in brick, stone, or other appropriate material, and then would be bordered by shrubs and other plants. Here, again, existing concrete would be taken out adding further landscaping to the existing property. This driveway would be strictly for our own use; we do not intend to turn it into a parking lot, and because it would be easily accessible our garage would be Put to its intended use, that of hiding the cars rather than parking them on Pamela. At __present we have a brick wall around the Pamela Street (and a portion of the Sixth Street) side of our property. This wall would remain as it now stands except for an opening beginning approximately 20 feet from the corner of Sixth and Pamela. At,the opening, an iron gate would be installed which would match the existinq one on our Sixth Street side. We intend to have it operated by remote control, from our automobiles, which would eliminate any possibility of our driveway being entered or exited quickly, without care for oncoming traffic, as well as without our knowledge. This driveway will sit below the eye level of the existing brick wall making it virtually impossible to see from any of our neighbors' yards. Varr­nce #V -605 and K.,ign Review #A -857 Campbell & Van Valer -4- Again, Pamela is almost flat whereas Sixth Street is a fairly steep climb. Because of the cul -de -sac feature, the street is traveled primarily by those who live on it. Sixth Street is traveled on by those coming from Big Basin, (only 500 feet from our driveway), St. Charles, Oak, and Bohlman Road, many going much faster than speed limit laws. On Sixth Street we are forced to back out onto the street. If we were to install a driveway on Pamela, because of a turnaround area to be installed just outside of the proposed garage, we would be able to travel "headfirst" along the drive onto Pamela, enabling us to see the oncoming traffic as it approaches. This would substantially eliminate the traffic danger we now experience. In conclusion, we would like to state that we love our village neighborhood and would like to grow old here. It is ideally located to the local grocery store, the pharmacy, and many other businesses which can serve us well both now and in our senior years. We too, are concerned about non - offensive buildings in Saratoga both in terms of their effect on our neighbors as well as on the natural environment. Had we not felt this way we would not have spent considerable time talking and explaining our plans to our neighbors, nor would we have gone to the expense in hiring a skilled architect, a geologist, and then putting our dreams into action by submitting these plans to the City. We do not feel we are setting a precendent,since any one who physically views our property will see that the substructure below our one story residence is not a story in itself. Also, there are other two story structures in our immediate neighborhood such as the condominium complex just 250 feet north of us. We feel our remodeling will only add to our neighborhood and have received both the verbal and written support of our neighbors as can be verified by the attached petition. We appreciate your time spent on our behalf, and would only ask that careful con- sideration be given to each of the three areas of controversy in order to render a fair decision. Si erely, T an V al � Happer P. Campbell N RE: VARIANCE #V -605 AND DESIGN REVIEll #A -857 RESIDENCE: CAMPBELL & VAN VALER 14721 SIXTH STREET SARATOGA, 95070 DATED March 4, 1983 WE, THE UNDERSIGNED, HAVE PERSONALLY MET WITH BOTH HAPPER P. CAMPBELL AND HIS 1,1IFE, VICKI VAN VALER, TO DISCUSS THEIR PLANS FOR REMODELING, INCLUDING THE ADDITION OF A SECOND STORY AS WELL AS INSTALLATION OF A DRIVEWAY AND GARAGE ON THE PAMELA STREET SIDE OF THEIR PROPERTY. WE OFFER OUR APPROVAL OF THEIR BUILDING PLANS AND OUR SUPPORT IN THEIR APPEAL TO BOTH THE PLANNING COMMISSION AND THE CITY COUNCIL OF SARATOGA. NAME Gtr JXW147t1.1,lw A)1,1�,00'l* ADDRESS Al / 1-17 30 '/' 4�sS-�- aG �% 1 William CoCin and Associates GEOTECHNICAL N _JLTANTS 314 Tait Avenue, Los Gatos, California 95030 (408) 354 -5542 February 15, 1983 Kathy Kerdus, Associate Planner City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 SUBJECT: Campbell -Van Valer Alterations At your request, we have completed a geologic review of the subject applica- tion using the alteration Plans (sheets 1 -5 of 5 sheets) prepared by F. Dennis Burrow dated January 27, 1983. - Our review of the referenced plans indicates that the proposed alterations include three major elements: (1) the existing main floor is to be remodeled and the existing garage will be converted to living space; (2) a second floor will be constructed above the main floor; and (3) the existing basement is to be converted into a garage. The subject property, in general, is characterized by moderately steep to steep (14 to 20 degrees) natural hillside topography which has been modified by past grading activities associated with the existing residential develop- ment. The site is underlain by older alluvial materials which consist of poorly sorted, poorly consolidated gravel, sand, silt and clay. These mate- rials are, in turn, locally overlain by soil and colluvium of undetermined thickness. The proposed alterations, in general, do not appear to be constrained by any unusual soil or geologic conditions. Conversion of the existing basement to a garage, however, will require excavation below the existing grade and this could have an adverse impact on the existing foundation which may require modification. In addition, the second story addition will create an addi- tional load on the foundation system, and we assume the cumulative load will be light and within the range of typical one- and two -story wood -frame structures. With these considerations in mind, we recommend approval with the following condition: .Qeotechnical Plan Review - The applicant should retain the services of a soil engineer to review and approve the geotechnical aspects of the improvement plans. In addition to the typical plan review, the appli- cant's soil engineer, as a minimum requirement, should inspect the site and existing foundation and provide appropriate recommendations necessary to assure a properly constructed project. Particular emphasis should be placed on, but not necessarily limited to the concerns outlined above. ENGINEERING GEOLOGY • ENVIRONMENTAL EARTH SCIENCES • FOUNDATION ENGINEERING Prior to construction, a letter from the soil engineer describing the results of the review should be submitted to the City, along with the approved plans, to be reviewed and approved by the City Engineer and Geologist. Respectfully submitted, WILLIAM COTTON AND ASSOCIATES, INC. William R. Cotton City Geologist CEG 882 William Cotton and Associates CITY ®F SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 �.� -'y4 (408)867 -3438 DUTRO MARION F AND MARY L 51707007 20825 PAMELA WY SARATOGA CA 95070 NOTICE OF HEARING CITY OF SARATOGA'S PLANNING COMMISSION announces the following public hearing on WEDNESDAY the 23RD day of FEBRUARY , 1983 at 7:30 p.m. in the City Council Chambers located at 13777 Fruitvale Ave., Saratoga, CA., a copy of which application is on file in the Permit Review Division at 13777 Fruitvale Avenue, Saratoga, CA. V -605 E A -857 HARPER E VICKIE CAMPBELL, 14721 SIXTH STREET 7"i- t-!,-q "GRANT DESIGN REVIEW E VARIANCE APPROVAL TO ADD A SECOND STORY ADDITION TO A SINGLE STORY DNELLING 14HICH WILL MAINTAIN A 16' FRONT YARD SETBACK WHERE 25' IS REQUIRED AT 14721 SIXTH STREET (NEAR PAMELA WAY) IN THE R -1- 10,000 ZONI14G DISTRICT AS PER ORDINANCE NS -3, ARTICLE 3.54 AND ARTICLE 17 ". ROBERT S. SHOOK DIRECTOR OF COMMUNITY DE ELOPNENT n " , � ,��r��..o -.�- 11 �-�� .�.,� ,G�•��' "-rte. C6Z� . �/� -�`3`. c'� u DUTRO MARION 20825 PAMELA SARATOGA CA C CITE' OF- SARATOGA 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408)867 -3438 F AND MARY L WY 95070 NOTICE OF HEARING 51707007 �/� �3 � n CITY OF SARATOGA'S PLANNING COMMISSION announces the following public hearing on WEDNESDAY the 23RD day of FEBRUARY , 1983 at 7:30 p.m. in the City Council Chambers located at 13777 Fruitvale Ave., Saratoga, CA., a copy of which application is on file in the Permit Review Division at 13777 Fruitvale Avenue, Saratoga, CA. V -605 E A -857 HARPER E VICKIE CAMPBELL, 14721 SIXTH STREET7,"i" qI "GRANT DESIGN REVIEW E VARIANCE APPROVAL TO ADD A SECOND STORY ADDITION TO A SINGLE STORY DUELLING WHICH WILL MAINTAIN A 16' FRONT YARD.SETBACK WHERE 25' IS REQUIRED AT 14721 SIXTH STREET (NEAR PAMELA WAY) IN THE R -1- 10,000 ZONING DISTRICT AS PER ORDINANCE NS -3, ARTICLE 3.54 AND ARTICLE 17 ". ROBERT S. SHOOK DIRECTUR OF Cu'rlriUriITy liEvELOPNENT We 1 May 17, 1983 TO: Saratoga City Council 13777 Fruitvale Avenue Saratoga, Calif., 95070 FROM: T. K. Matsumura & K. M. Milius 20808 Pamela Way Saratoga, Calif. 95070 SUBJECT: Request for variance and design review, V -605, A -857, Hap Campbell, Vicki Van Valer, 14721 6th street. i�I AY 2 4 1983 We hereby withdraw our blanket approval of the subject variance and review. By virtue of this letter, we wish to resubmit our position. 1. We approve the addition of a second story with the condition that the Saratoga City Council will neither grant nor consider any other such permits to residences on Pamela Way for a period no less than ten years henceforth. 2. We approve the conversion of the existing garage into additional liv- ing space. 3. We approve the conversion of the storage area below the home into a garage and the addition of a driveway to exit onto Pamela Way with the following contingencies: a. A permanent sign at the entrance to Pamela Way be erected indicat- ing that Pamela Way is not a thru street. b. A permanent bump be placed across Pamela Way between its inter- section with 6th street and the proposed new driveway. Attached is our rationale for each of the above points. Tad K. Matsumura Karen M. Milius cc: H. P. Campbell M. F. Dutro G. M. Duncan M. J. Moss C. C. Long H. J. Harlor G. W. Leishman H. P. Blair K. McElwain 14721 6th Street 20825 Pamela Way 20801 Pamela Way 20777 Pamela Way 20793 Pamela Way 20824 Pamela Way 20770 Pamela Way 20761 Pamela Way 20792 Pamela Way 7 Rationale 1. Mr. Campbell's house is not visible from our house. We have driven by it many times envisioning the additional story. If in fact the addi- tional story has less than half the floor area of the current house (including garage) and the eucalyptus and oak trees remain, then we don't see a problem. Even then we're not sure we can disapprove since we are not directly affected. However, the granting of Mr. Campbell's request, although not a precedent, promotes a trend supported by the domino theory. We would not be in favor of neighbors on either side of us adding another story at this time. The neighborhood ten years from now may not have the same neighbors as today and perhaps not the same attitudes. This issue can be revisited then. 2. We have no objection in converting a garage into living space. 3. Safety appears to be the primary concern here. We would like to see our conditions met regardless of whether a driveway is built or not. Too many cars come down Pamela Way with no business being there. A sign warning them that it's a dead end street and a bump to discourage them would solve much of the safety concerns. It would also discourage the casual or opportunistic thief who just happens to be lost or looking for a shortcut or bypass and who just happens to spot something he wants and just happens to opportunisti- cally take it. Safety and security is of major concern to us because we have two children, ages 6 and 9. In all cases, we assume that Mr. Campbell will perform those tasks in his letter to you of March 4, 1983, such as remove the current driveway, plant shrubs, install a gate, etc. We also assume that the nature of the ter- rain, the subsoil and the house physically permits the requested alter- ations. F March 4, 1983 � City of Saratoqa Planning Commission 13777 Fruitvale Avenue Saratoqa, CA 95070 RE: Resolution No. V- 605 -1& A -857 -1 Campbell R Van Valer 14721 Sixth Street Saratoga, CA 95070 Attention: Louise Schaefer, Chairperson Ed Bolger, Commissioner Russell Crowther, Commissioner Joyce Hlava, Commissioner Kathy McGoldrick, Commissioner Greg Nellis, Commissioner Richard Siegfried, Commissioner Dear Members of the Planning Commission: Due to what we feel are extenuating circumstances, we are asking for a continuance on our appeal to the majority of dissenting planning commissioners. We understand that a ten (10) calendar day period is given to formally appeal to the Saratoga City Council; however, we feel that the dissenting planning commissioners didn't have a full understanding of what we are trying to accomplish by our proposed addition, the ambiguities of the term "multi- story ", and the relationship to our hillside. Also, we found out that there was a misunderstanding with the four neighbors who signed a petition opposing, our plans, and have since spoken with each of them. We would like to address what we feel are the major misunderstandings or incorrect interpretation of our building plans. 1) "MULTI" STORY MISLABELING - We feel that our residence is incorrectly, and therefore unfairly, termed a two -story building since one of those "stories" is not (according to City code), legally inhabitable due to headroom space of less than 6 1/2 feet. 2) VARIANCE - The request for a variance of a 16 foot setback where 25 feet is required, will not change that section of the exterior of the house, in terms of size, since it was originally constructed at the 16 foot setback when the house was built in approximately 1952. a Ke5UIULlon nu. v -OUu -I & m-oD / -1 Campbell & Van Valer WA 3) PAMELA STREET DRIVEWAY - There was some question as to the safety of moving the garage from Sixth Street to Pamela Street. Here, on -site review would clearly show that backing down onto Sixth Street, as we do now, is obviously much more dangerous since the street is at such a severe angle that it can cause (and has caused) our car to slip backwards. When backing onto Sixth Street, it is almost impossible for any driver coming from the top of Sixth Street from Oak Street to see us backing out of our current driveway (nor can we see them, an equally dangerous situation.) Contrastinoly, Pamela is a safe cul -de -sac consisting of 8 -10 houses and is almost flat at street level. We feel that due to the somewhat unusual nature of our residence, an on -site inspection by the members of the planning commission is certainly desirable. In order to further understand the basis for our appeal we would like to address each of the three points listed above more specifically. 1) "MULTI" STORY MISLABELING - Our uninhabitable "story" is merely a walled -in portion of the support posts of the existing one story house. It is built into the side of the hill, and is a very small fraction, in size, of the house itself, being at most only 10 feet wide. We feel that it was not part of the original construction, and merely stuccoed in in later years. It was never intended to be structurally, or architecturally, part of the living quarters, but rather as storage or crawl space to reach the under- side of the house itself. Because of our hillside situation, we have neighbors both above and below us. Adding what we, and our neighbors, consider a second story would not appreciably alter that situation. In fact, because of the many very tall trees and lush shrubbery in our yard, many of our neighbors would notice little, if any, change in the overall bulk of our residence. Our neighbors, Ivan and Jaleen Holmes, who live directly behind and above us, were our greatest concern when considering the addition of a second story. They told us that they had no objections to our plans and, in fact, invited us into their living room to determine whether or not their view would be altered in any way. Not only did all of us determine that our second story would not affect their view in any way, but that their viewing windows faced towards the southwest rather than northerly, towards our house. 2) VARIANCE - Again, in terms of the 16 foot setback variance, we are requesting a permit for a change in use of the interior of the garage rather than a permit for construction to change the existing 16 foot setback. By conver- ting the garage to living space we can then remove the existing asphalt driveway in the front of the house and replace it with additional trees, flowers, and shrubbery. This, by the way, has been met with enthusiastic response by our neighbor directly across the street, Susan Robertson, who looks down at our house and its asphalt drive, from her living room windows. Res0lution NO. V bus -I& A -bbl -1 Campbell & Van Valer -3- 3) PAMELA STREET DRIVEWAY - Because of our need and desire to change our existing garage into part of our existing living quarters, we are pro -. posing that a new garage and driveway be installed on the Pamela Street side of our property. Current City law denies us the use of the under portion of our house for living purposes so we are requesting use of it as a garage. We have paid both the City as well as a private concern, Dodge- Shepherd Assoc. Surveying, for a report on the effect of grading and digging out this area to allow for a two car garage. Neither report found that this would be detrimental to the existing structure, an additional story, or geoloqical conditions. Four households on Pamela Street submitted (without notice to us) a written petition against our proposed driveway. Apparently, they were concerned as to the danger of an opening on Pamela as well as the use- fulness and esthetics of a proposed driveway. One neighbor, Mr. Blair, who spoke out against us at the meeting had never seen our plans for the proposed driveway and, like these other neighbors, assumed that it would be a vertical driveway, coming up directly from the street level. This they felt would result in non -use and additional cars parked on the street. We agreed that this objection was certainly understandable and therefore met with Mr. Blair and the four people who had signed the opposing petition to clear up this misunderstanding. We explained that our driveway would gradually slope to the new garage. It would be kept to a minimum width, 10 feet, would be tastefully paved in brick, stone, or other appropriate material, and then would be bordered gy shrubs and other plants. Here, again, existinq concrete would be taken out addinq- further landscaping to the existing property. This driveway would be strictly for our own use; we do not intend to turn it into a parking lot, and because it would be easily accessible our garage would be put to its intended use, that of hiding the cars rather than parking them on Pamela. At present we have a brick wall around the Pamela Street (and a portion of the Sixth Street) side of our property. This wall would remain as it now stands except for an opening beginninq approximately 20,feet from the corner of Sixth and Pamela.. At the opening, an iron gate would be installed which would match the existing one on our Sixth Street side. We intend to have it operated by remote control, from our automobiles, which would eliminate any possibility of our driveway being entered or exited quickly, without care for oncoming traffic, as well as without our knowledge. This driveway will sit below the eye level of the existing brick wall making it virtually impossible to see from any of our neighbors' yards. KeSUI UL. IU1I 11U. v-vvJ -I (X n oZ)i -I Campbell & Van Valer -4- Again, Pamela is almost flat whereas Sixth Street is a fairly steep climb. Because of the cul -de -sac feature, the street is traveled primarily by those who live on it. Sixth Street is traveled on by those coming from Big Basin, (only 500 feet from our driveway), St. Charles, Oak, and Bohlman Road, many going much faster than speed limit laws. On Sixth Street we are forced to back out onto the street. If we were to install a driveway on Pamela, because of a turnaround area to be installed just outside of the proposed garage, we would be able to travel "headfirst" along the drive onto Pamela, enablinq us to see the oncoming traffic as it approaches. This would substantially eliminate the traffic danger we now experience. In conclusion, we would like to state that we love our village neighborhood and would like to grow old here. It is ideally located to the local grocery store, the pharmacy, and many other businesses which can serve us well both now and in our senior years. We too, are concerned about non - offensive buildings in Saratoaa both in terms of their effect on our neiahbors as well as on the natural environment. Had we not felt this way we would not have spent considerable time talking and explaining our plans to our neighbors, nor would we have gone to the expense in hiring a skilled architect, a geologist,.and then putting our dreams into action by submitting these plans to the City. We do not feel we are setting a precedent, since any one who physically views.ou -r property will see that the substructure below our one story residence is not a story in itself. Also, there are other two story structures in our immediate neighborhood such as the condominium complex just 250 feet north of us. We feel our remodeling will only add to our neighborhood and., have received both the verbal and written support of our neighbors as can be verified by the attached petition. We appreciate your time spent on our behalf and would only ask that careful con- sideration be qiven to each of the three areas of controversy in order to render a fair decision. Si cerely, Van 1Na1 e Happer P. Campbell RE: VARIANCE #V -605 AND DESIGN REVIEW #A -857 AV* RESIDENCE: CAMPBELL & VAN VALER 14721 SIXTH STREET SARATOGA, 95070 DATED: marcn 4, ivbj WE, THE UNDERSIGNED, HAVE PERSONALLY MET WITH BOTH HAPPER P. CAMPBELL AND HIS WIFE, VICKI VAN VALER, TO DISC!_ISS THEIR PLANS FOR REMODELING, INCLUDING THE ADDITION OF A SECOND STORY AS WELL AS INSTALLATION OF A DRIVEWAY AND GARAGE ON THE PAMELA STREET SIDE OF THEIR PROPERTY. VIE OFFER OUR APPROVAL OF THEIR BUILDING PLANS AND OUR SUPPORT IN THEIR APPEAL TO BOTH THE PLANNING COMMISSION AND THE CITY COUNCIL OF SARATOGA. NAME R�.�1u12 v <40 k, G r` ADDRESS Zo z, w 1 /x/730 ���5� Hap Campbell & Vicki 14721 Sixth Street Saratoga, CA 95070 May 18, 1983 Mr. & Mrs. Gaylen W. Leishman 20770 Pamela Way Saratoga, CA 95070 Dear Mr. and Mrs. Leishman: Van Valer We are truly sorry that you are concerned that our proposed remodeling plans will infringe upon your privacy. We feel that if you would allow us to talk to you and to show you our plans you would not only have a clearer picture of what we are attempting, but would see that our plans include greater privacy for the both of us. As our houses are now situated, we look at one another through windows facing one side of each of our houses. Our remodeling plans would elimate those viewing 'windows and replace each of them on both the first and second story with a fire- place wall along with beveled /stained glass windows which cannot be seen either into nor out of. Therefore, we would no longer be able to see the three windows alonq the side of your house (two bathrooms, one bedroom ( ?)) as well as your sliding glass door. We value privacy as much as you do. This solution offers both of us greater comfort. We plan on having a second bedroom situated over the back side of our house which will have a high window looking out. Here again, you will not lose any of your privacy, but rather gain more since this is a bedroom window rather than a viewing window, and it will look directly into our sycamore tree and bushes by the fence separating both of our yards. Hap and I have no desire to damage anyone's privacy, nor their view, so we have carefully walked the top of our roof in order to determine the best placement of windows as well as whether they should be clear or opaque. What I have described above are the only windows looking in your direction, none of which will take away any of your privacy, but rather afford you even more. We really do hope to stay in this house up to and through our senior years, but are finding 1300 square feet of living space much too cramped. Because of the shape and size of our property we cannot oo out but only up. Believe me, we gave a great deal of thought as to its impact upon our neighbors. We would welcome any opportunity to speak with you and /or any suggestions you might have. Sincerely, June 19 1983 Deputy City Clerk of Saratoga City Council and Saratoga City Council Members: 3595 STEVENS CREEK` P.O. BOX 330 -A SANTA CLARA, CALIF. 95052 (408) 244 -9800 We had planned to attend the Hearing before the City Council, June 1, 1983 on the design review and addition at 14721 Sixth Street ( Leishman- Campbell, Von Valer). Unavoidable committments have made our attendance impossible. However, we hope this communication, though not filed before May 26, will become an included item at the Hearing. Our home is located at 14761 Bohlman Road and shares a common property line with the Campbell -Von Valer property as well as a portion of the Leishman property. We are "uphill" of both properties and since 1977 have enjoyed our marvelous view and seclusion. We have examined the architectural drawings and sketches and "sighted" the approximate height of the proposal. We will be directly effected by the proposed addition. Two bedroom windows and a corner window in our living room will be on the "same level" with the proposed addition. It is our understanding, after discussion with Campbell -Von Valer and assurances by written communication, that there will be but one window facing our property (bathroom) - opaque. It is our belief that every attempt is being made in planning this addition to protect the privacy of all parties concerned. We do not object to but rather endorse the proposal before the Council. STATE OF CALIFORNIA l On ....... June ..-- 1., .... 1.9,H.......... before me, the undersigned, a Notary Public in and for said County 1> SS. and State, personally appeared ............................................................................................... ..... ......................... COUNTY OF.S 41 ..... — ;1T 1.... -.l............ ..................................... J ....... I Van... Holm ............................................. known to me to be the person........ whose name......... 1S ........................... ............subscribed to the within instrument, and,a nowledged to me that......... �e.......... executed the same. Notary's Signature ....................�fl.l!' .......Y... fL.:..... .%i ' ............................ OFFICIAL SEAL Type or Print Notary's Name ............................ .e .Tl a ...M R .. ..- ............ VERLA M RYAN NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUirir My Comm. expires )AN 21, 1985 Play 28, 1983 TO: Saratoga City Council 13777 Fruitvale Avenue Saratoga, CA 95070 FROM: Mr. and Mrs. M. F. Dutro 20825 Pamela Way Saratoga, CA *5070 SUBJECT: Campbell -Van Valer Variance and Design Review V -6057 A -6579 14721 6th Street, Saratoga, CA (Corner of 6th Street and Pamela Way) It was noted that there are objections to some features of the remodeling plans for this property, and that you will review the previously approved proposal, to which we had no objections. We wish to assume a neutral position in the matter at this time, because we do not live in direct proximity to the Campbell -Van Valer property. Please re- examine the facts of the proposal, consider the site by personal inspection, satisfy yourselves that you have accurate information, and resolve the issues fairly. This method of review should enable you to continue to concentrate totally on the merits of the proposed plan for this particular property, no matter who the owners might be now or in the future for this property or adjacent properties. Our main concerns are that the aesthetics of the neighborhood be maintained and that the safety for all -- young and old -- be a major consideration. We appreciate youwontinuing dedicated service to the City and to the citizens, and we thank you. Sincerely, 7", �- 4 �"_ M. F. Dutro cc: Hap Campbell and G. W. Leishman M. J. Moss H. P. Blair Mary y n Dutro Vickie Van Valer Tad Matsumura and Karen Milius Mal and Karen McElwain Gladys Duncan H. J. Harlor May 18, 1983 City Council of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Re: Variance #V -605 and Design Review #A -857 Campbell & Van Valer 14721 Sixth Street Saratoga, CA 95070 Attention: Linda Callon, Mayor and Council Members: Martha Clevenger Viriginia Fanelli John Mallory David Moyles Dear Mayor Callon and Members of the City Council: My husband and I are greatly distressed by the appeal which was filed by our next - door neighbor, Gaylen Leishman. We feel that his letter contains much misinformation as well as an incorrect assessment of our proposed remodeling plans and their affect upon him. We, therefore, are sending you this letter prior to the Council meeting of June lst in order that you have an opportunity to carefully examine our remodeling plans. We feel that the primary reason for opposition to our remodeling plans is two - fold. 1. Mr. Leishman is opposing us primarily because his building request of 14 years ago was denied by the City of Saratoga. 2. Mary Moss, Mr. Blair, and Mr. Harlor are residents who have lived here for many years and are simply opposed to.change of any kind. We realize that in their letters they have stated many other reasons for their opposition, which we have responded to and hopefully corrected in our attached rebuttals, but that the two reasons stated above are the underlying reasons that an appeal was filed. Hap and I understand that i.t is probably very difficult,when new and younger people move into a neighborhood,for the older residents to understand why a change might be desirable. Hap and I have. no other motive in mind but to give ourselves more room. Our house currently has approximately 1300 square feet of living space, which includes two bedrooms, a living room, and a kitchen. After living here for 4 112 years and being married-for the same amount of time we are quite cramped. We would merely like to add another bedroom, a couple of baths, and a dining room. Because of the size and shape of our property we cannot build out but only up. That second story has been planned to gracefully follow the lines of the house as it currently stands and rather than looking box -like, the second story will actually be smaller than the first. During the 1950's and the 1960's people could easily afford to move when a house became too small for them. Those days, as we all know, are gone. More and more people are having to upgrade and enlarge what they have. Such is the case with us. Campbell & Van Valer -2- Since last August we have been working very closely with our architect and the City of Saratoga in order to carefully design a remodeling project which is tasteful, in keeping with the current architectural design of the house, and does not, in any way, affect any of our neighbors views or privacy. We feel we have done that. The City inspectors have carefully viewed our plans and our property and submitted a four page written report granting their approval. The members of the City Planning Commission have also viewed our plans and our property site and voted unanimously for approval. Also,as can be verified by the enclosed copy of our peition,a majority of our neighbors have given their approval and support to our project. We sincerely hope that the members of the City Council will support us as well. In order to better provide you with a clear and accurate understanding of our plans we are enclosing copies of the following: 1) Our letter to members of the Planning Commission requesting a reconsideration. (This was approved and we were heard again Apri1'23, 1983.) 2) Our signed petition listing the 'neighbors who,-approve and support our plans. 3) City of Saratoga- Report To Planning Commission. 4) Report by William Cotton and Associates, geotechnical Consultants. 5) Map showing site location. 6) Resolutions No. A -857 -2 & V -605 -2 showing unanimous approval of our plans. 7) Rebuttals to the letters of Leishman, Moss, and Harlor. 8) Letter to Mr. and Mrs. Leishman. 9) Architectural drawings of interior of proposed remodeling showing its effect on the Leishman house. 10) Photographs of our house and surrounding neighborhood. We very much appreciate your time given to our project. We feel that our plans will only improve what we now have and in doing so Saratoga Village will continue to be a desirable place in which to live. As a couple in our mid - thirties we feel that we have much. to contribute to the City of Saratoga and would very much like to do so from our home base on.Sixth Street. FSinc rely, 9'9W P.S. We welcome anv and all calls and visits from members of the Council as well as any other interested party. Our phone numbers: 741 - 1441 -HomE or 293 - 7977 -Work. REBUTTAL TO LEISHMAN LETTER When we first went to our neighbors, to tell them of our plans, Mr. Leishman was not at home. We spoke to his wife who said she had no objection to our plans and would tell her husband we'had dropped by. At the first meeting of the planning commission, Mr. Leishman neither showed up to'register his disapproval nor did he ever contact us prior to the meeting to tell us of his feelings. Before the second planning commission meeting (reconsideration) Hap and I went to each of our neighbors, plans in hand,to show and talk to them about what we had in mind. Again, Mr'. Leishman was not at.home but his wife and son were, and they said that ;they had no objection :..`The told us that Mr. Leishman was generally home by 7:00 P.M. and that we could stop by again in order to talk to him. We tried on several occasions to make contact with Mr. Leishman, but with.no luck. On one particular evening, seeing his car parked in the street, I knocked upon his door but no one would answer. WeLbbtl tried to telephone his home several times but no one would answer. It seemed clear on both of these accasions that someone was home, but apparently they did not wish to speak to us. Finding the meeting of April 23rd drawing near, my husband called Mr. Leishman at work and received the following response: "Well yeah, I've heard about your proposed addition and I'm not sure if I approve of it. After all, the City of Saratoga wouldn't let me do what I wanted to several years ago, and, I'm not so sure about how I feel about having a family live next to me." Hap then apologized for calling him at work and asked Mr. Leishman to call us if he would allow us to go over the plans with him. We never heard from him until he spoke against us at the April 23rd meeting. At that meeting he,again, brought up the fact that the City had denied his building plans of 14 years ago. While we are sorry that his plans were denied, we did not live here then and do not feel responsible. I would ask if his plans were turned down because they did not meet City Code, or because of their affect on someone else's view or privacy. I would now like to. address the points of Mr: Leishman's letter upon which we do not agree. Third Story Appearance From Pamela: Our proposed garage would be under the house as are five other neighbors homes on both Pamela & Sixth Streets. While this may give a split -level appearance, it will not be that of a three story since the garage will be under the house. It will not have windows, and it will be mostly hidden by trees, shrubs, and the brick wall running along the perimeter of our property. Also, as noted in the Report to Planning Commission, we are within the maximum height allowed by City Code. Danger Of Traffic On Sixth & Pamela: This is simply not true - please see enclosed pictures of Pamela Street as compared to our current, Sixth Street driveway. Revisions: None were needed since the Planning Commission members personally visited our site and could see for themselves what our plans included. At the April 23rd meeting, Louise Schaefer asked Mr. Leishman for ideas or suggestions - he offered none. -2- Leishman Letter "Quaint ": Although many of the homes in the village area are, indeed, quaint and worthy of preserving, Pamela St. and Sixth St. do not contain such homes. Our streets are comprised of ranch style homes, a large two story condominimum, and small, and in many cases, run -down cottages dating from the time Saratoga was once a village of summer /vacation 'homes. These homes do not follow any particular architectural design, such as many of the charming Victorians seen on other streets of our village. In fact, many of'the run -down cottages are in such a state of disrepair and are so-small that - the owners refuse to live in them and as a result they have become rentals - hardly the stability valued by other Saratoga homeowners as well as village merchants. In Our Definition A Two Story. If Mr. Leishman insists on calling our present home a two story certainly that must also include his own home. (,SEE ENCLOSED PHOTO) The difference is that while Mr. Leishman has a full sized, code approved garage under his 2nd story, we only have a space approximately 10 feet wide having less than 6 112 feet headroom which the City code defines as legally uninhabitable. We are only asking for the same privileges granted Mr. Leishman as well as our other neighbors who currently enjoy a garage lying underneath their homes which is necessitated by our hillside property. Small Family: I take great offense at this. Does this mean Mr. Leishman or others have the right to decide who lives next door to them? And, if we were.fortunate enough to have one child we would not have been allowed to move in? I think that this is a very private matter and if Mr. Leishman is concerned that by allowing us to have a three, rather than a two bedroom house that my husband and I will start mass production of offspring we can assure him that that is not an option available to us. Sold At Least Four Times: I don't know where Mr. Leishman obtained his figures but we have owned the house for 4 112 years, which would mean that the three other families have moved in and out over a period of 2 112 years. I find this hard to believe, b.ut if it were true then I would think.that our neighbors would be happy to find that Hap and I plan to live here for many long years (_if we can be allowed to live In more than our current 1300 square feet), rather than have the home sold again or perhaps rented out if it cannot be sold. Privacy and Property Value: As our house currently sits, we look upon what we consider the backside of the Leishman house. Apparent to us are two bathroom windows, what appears to be a bedroom window, and a sliding glass door, all of which. are covered by closed (90 %;of Ahe time) curtains. If we are allowed to proceed with our remodeling plans the window through which we now view hips house will be changed to allow Mr. Leishman complete privacy since the wall of both the lower and upper stories will become a fireplace wall with. beveled /stained glass windows on either side. This plan would not only allow Mr. Leishman greater privacy than he now enjoys, but would also afford us the privacy which. we value equally. The only room where there would be a clear window would be from the second bedroom which. would look into the trees and shrubs which hide Mr. Leishman's backyard from our view. Also, because of the layout of this room, it is not a room which would encourage viewing of any sort, but rather privacy and sleeping. PLEASE SEE ENCLOSED PICTURES AS WELL AS ARCHITECT'S DRAWINGS to better visualize the affect of our proposed second story on Mr. Leishman's home. -3- Leishman Letter Trying To Sell Home -Move South: Mr. Leishman is correct that approximately one year ago we had our house on the market for several months. Vie found 1300 square feet of living space a rather cramped situation and felt that we should look for a larger home. Aside from the fact that our house would not sell, in spite of the fact that we lowered the price by $60,000, we also discovered that of the many houses we viewed none were as desirable in terms of physical beauty, or location, as our present house. Also, since homes in the Saratoga area are in the $300 - $400,000+ price range they were clearly out of our means. We then decided to contact.our architect in order to remodel our house to include an . additional bedroom and a dining room. Moving South - we never spoke to Mr. Leishman, at any time, about our.plans. Had Mr.. Leishman or anyone else been interested, our plans to.move went as far as another area in Saratoga or in Los Gatos - my husband's.home.town. (.In fact, because of the local family business and the fact that both my husband and I are Santa.; %Clara Valley natives, having both our families still living here, we have neither the desire nor the inclination to live anywhere else.) Definite Underlying Motive: Our one and our only definite underlying motive is to stay where we are now and remodel. This would allow us only the same privileges which most of our neighbors now enjoy. Towering Monster: We are not building a towering monster. We have carefully thought out how to best remodel without changing either the character of the house nor the privacy or view of any of our neighbors. Our second story will be smaller in size than our first, and because of the large eaves (a duplicate of our present one story) the house will have a graceful, rather than box -like appearance. Loss of Privacy: Mr. Leishman's privacy will increase rather than decrease. SEE ENCLOSED PHOTOS AND DRAWINGS. This will also increase rather than decrease the value of his home. Our Den, 18 Feet From Campbell Home: Mr. Leishman states that it is "tough enough. to maintain privacy" on this side of his home. Mr.' Leishman built his home, himself, 14 years ago knowing full well of the windows on this side of our house. (Our house was built in 1952.) I would think he would be happy knowing our plans would afford h-im privacy with which. he has done without over the past 14 years. On -Site Inspection: On this we all clearly agree, an on -site inspection is not only helpful, but weJeel, necessary in order to understand our remodeling plans. Blind Corner -Most Detrimental: We do not agree that the corner of Sixth and Pamela is a blind corner. In fact, in deciding that a Pamela Street driveway would eliminate our present Sixth Street danger, we tested it first. We found that approaching Sixth. Street from Pamela affords us an opportunity to carefully view oncoming traffic before proceeding. The street is practically flat on Pamela, whereas Sixth. Street is quite a slope. Unless an individual has lived in our house and backed out of the driveway morning after morning onto Sixth Street, he has no idea of how many times I have been narrowly missed by traffic coming up Sixth St. or down from Oak (Bohlman.) In fact, from the top of Oak our driveway cannot be seen at all, so even if a driver rounding that corner is very careful,he is still surprised to come upon me backing out of my driveway. -4- Consultants Known To Be Wrong: While, that the general public tends to trust layperson. Not only did we pay the Do property was safe for such remodeling, to pay William Cotton & Associates for concurred in their findings. Leishman Letter in some cases, that my be true, I believe the judgment of experts rather than the ige- Shephard Co. in order to make sure our but were required (_by the City of Saratoga) a second geological report. Both reports Always Conformed: The houses on Sixth Street and on Pamela were built in the 1890's, 1940-'50's, the '60's"( Mr. Leishman's house) and the decades in between. There are many varying architectural styles but cottages and ranch style homes are most prominent. Our addition will not change the style of our home other than making it a two story ranch style. (.The color of the house, the roof line, and the eaves will all remain the same. This will continue to be a smallish house, rather than a sprawling ranch style.) Upset The Privacy: Our remodeling will not affect anyone's privacy nor their view. Set A Precedent: We are not setting a precedent since there are currently existing two story homes in this area (Pamela, Sixth., and Oak) including the large condominium on the corner of Big Basin & Sixth Street, 250 feet from our home. Also, we feel that no one can second guess what other neighbors might intend to do - if anything. If another neighbor applies to the planning commission for remodeling we feel their plans should be judged on the same basis as ours: meeting City Code, and how it will affect the privacy and views of neighbors. Not The Neighbors That Live Blocks Away: We have not consulted with any of the neighbors that live "blocks away" but rather, Mr. and Mrs. Holmes who live directly behind us on Bohlman Road; Susan Robertson and Mr. & Mrs. Higgenbothem who live directly across the street from us; and each and every one of the neighbors on Pamela Street. As can be seen by the copy of our enclosed petition we have majority support from these neighbors and as can be verified by an on -site inspection, as well as our photographs,we will affect no ones privacy nor their view. REBUTTAL TO HARLOR LETTER !R " Please Note: Mrs. Harlor signed our petition. Mr. ­Harlor did not as he was in the hospital at the time. We asked Mrs. Harlor if, when her husband returned, they would contact us if he would like to see our plans or had any further questions. We were quite suprised by his letter to the City Council, since he registered no complaint with us. Small One- Story, Single Family Dwellings: This depends upon which side of the street one lives, either the hill side or the flat side. Majority of Present Residents Wish It To Remain So: Please see I our petition listing residents who support us. I don't believe four residents constitute a majority. Actually, in the Harlor residence, Mr. Harlor seems to be against us while Mrs. Harlor is for us. While at the very first meeting Mr. Blair spoke against us (he had not seen our plans and had a misconception of our proposed driveway). We spoke to both he and his wife after that meeting in order to show them our plans. Upon viewing the plans they then said they didn't see a problem. Here too, Hap and I don't understand why they didn't let us know that they had again changed their minds and why they did so. Reported Intent: Is this conjecture or based again, one family should not be penalized for i- another. Each plan must be weighed only when Without More Changes: As with Mary Moss, the of the fact that it could (and we feel it cer difficult to deal with. on some factual evidence? Here the (perceived ?) intentions of submitted to City. attitude f no change regardless tainly Wiol)).be a positive one is REPORT I TO MAYOR AND CITY COUNCIL DATE: 6 -21 -83 COUNCIL MEETING: 6-21-83 SUBJECT: A -857 and V -605, Hap Campbell and Vicki Van Valer The Planning Commission has requested that I relay to you their comments relative to the A -857 and V -60S, Hap Campbell and Vicki Van Valer, application. The Commission was concerned with the Council's indication that they had handled the application improperly, when in fact they had taken precautions to assure full and complete disclosure, public noticing and public input. The application was first heard on February 23, 1983, when it was denied by a 3 -2 vote. The applicant filed a timely appeal and sought reconsideration of this application by the Planning Com- mission. At the Planning Commission meeting of March 9, 1983 the City Attorney advised the Commission that it could vote to reconsider this matter if they felt it appropriate. The Commis- sion, by a unanimous vote, did decide to reconsider the application and directed that there be renoticing and the application be agen- dized for the meeting of April 13, 1983. At the Planning Commission meeting of April 13, 1983, after having received substantial public input, the Commission, by a unanimous vote, approved this application. The Commission feels that proper procedures were followed and that the public was noticed and renoticed to ensure that they were aware that the matter was being reconsidered. That being the case, they were disturbed by the Council's comments and the suggestion that future fees be waived as a result of this process. , 14- Robe S. Shook, Secretary Saratoga Planning Commission RSS:cd Attachments C Planning Commission Page 4 Meeting Minutes 4/13/83 C A -861 (cont.) Commissioner Crowther moved to deny A -861, based on the discussions. Commis- sioner McGoldrick sec nded the motion, which was carried 4 -2, with Commissioners Siegfried and Schaefe dissenting. Commissioner Hlava com ented that the major reason why she voted to deny this application is because he does see it as setting a precedent. She added that she feels that thi subdivision in its entirely impacts the other homes in the area, and there i a problem with compatibility. Commissioner Nellis also noted that he canno make the findings regarding compatibility. The 10- day appeal period was not d. 7a. A -852 - Thomas Whit ey, 14880 Sobey Road, Request for Building Site 7b. SDR -1536 - Approval an Design Review Approval to construct a two -story addition to one -story single family dwelling in the R -1- 40,000 zoning distr ct (near S rin brook Lane) Commissioner McGoldrick gave an on -site inspection. Staff described.the pro- posal. The public hearing was opened at 8:55 P.M. The conditions of the Staff Report were clarified to Roger Kohler, the architect. Commissioner Crowther moved to lose the public hearing. Commissioner Siegfried seconded the motion, which was carried unanimously. Commissioner Siegfried moved to approve A -852 per the Staff Report dated April 6, 1983 and Exhibits "B" and "C ",'sand SDR -1536 per the Staff Report and Exhibit "B ". Commissioner Crowther seconded the motion, which was carried unanimously 6 -0. 8. V -S41 - J. Brozda, 14503 Big Basin Way ( Maddalena's), Request for Variance Approval from the parking requirements described in Section II.2 of the Zoning Ordinance 'for a restaurant /retail sales in the C -C zoning district (near 3rd Street) Chairman Schaefer gave the history of,`\the application. She noted that some cities are now requiring in lieu payments for parking spaces not provided from a business. It was the consensus thatl.this matter be continued to May 11, 1983 so that this information may be obtaine "d from Carmel and Monterey. -The public hearing was opened at 9:02 p.m. Mr. Doug Adams stated that he would give comments at the next meeting. The Deputy City Attorney asked Mr. Adams to coordinate with his office prior to the next meeting. He added that he will review the legislation from Carmel and Monterey to determine if it would be an option. He stated that if it is an optiont\it would be an option possibly to be adopted on a much broader scale, no doubt ip connection with the Village as a whole and not just simply confined to Maddalena's. It was directed that this matter be continued to May 11, 1983. Break - 9:05 p.m. - 9 :20 p.m. (Commissioner Crowther left at 9:05 p.m.) Commiss inners - 5 - Campbell and Van Valer, 14721 Sixth Street, Request for Design Hlava, MCGO1- 9b. A -857 Review and Variance Approval to add a multi -story addition to a two -story dwelling which will maintain a 16' front yard setback drick, Nellis, where 2S' is required in the R -1- 10,000 zoning district (recon- Schaefer and sideration) Siegfried Staff :described the proposal and gave the history of the project. present. of the project were noted. A letter from the residents on the street estating their concern about parking, the driveway and setting a precedent was noted. The public hearing was opened at 9:21 p.m. Vicki Van Valer, the applicant, thanked the Commission for their reconsidera- tion. She - addressed the petition of the four neighbors and also submitted a letter in support of the project. She commented that they had shown their plans to all of the neighbors. She described the proposal and existing landscaping. Mary Moss, 20777 Pamela Way, spoke to the exit of the driveway and the dangerous corner at Sixth Street. She indicated that the existing building is at the highest point on the street and if a second floor were built it would be tower- ing over the street. She also noted the springs in the hillside. - 4 - ` Planning Comm ission Page 5 Meeting Minutes 4/13/83(' V -605 and A -857 (cont.) Sue Robertson, 14730 Sixth Street, spoke in favor of the project. Mr. Leishman, 20770 Pamela Way, voiced his objection to the project. He stated that the existing home is now a two -story home and a three -story home would be an eyesore to the neighborhood, would depreciate his property and take away his privacy. He noted that he had given up his previous plans for a second story because of the neighbors' wishes. Dennis Burrow, the architect, described the driveway and addressed the slope of it. Mary Lynn Dutro, Pamela Way, spoke in support of the project. Commissioner Siegfried moved to close the public hearing. Commissioner Hlava seconded the motion, which was carried unanimously. Commissioner Hlava stated that she had voted for the application at the previous meeting because she did not have a problem making the variance or design review findings. She commented that she feels that it is a very unique lot and sub- standard in size. She added that she feels this will be an enhancement and the driveway access will be safer than what is currently there. Commissioner McGoldrick agreed. She stated that, although she is very sensitive to the neighbor's feeling about privacy, she feels that with the existing land- scaping it will not impact, and the height falls within the range of the ordi- nance. Commissioner Nellis commented that he can support the variance and design review. Commissioner Schaefer asked Mr. Leishman if removal of some of the windows and adding sky lights, specifically in the rear, would help mitigate some of his privacy concerns. Mr. Leishman commented that this would not help; he would still be opposed to the project. Commissioner Siegfried stated that he feels that the applicants have done a nice job with the plans and have offered to do everything possible in terms of their not being able to look down on the adjacent property. Commissioner Hlava moved to approve V -60S, making the findings in the Staff Report dated February 11, 1983, per Exhibits "B" and "C ". Commissioner Siegfried seconded the motion, which was carried unanimously S -0. Commissioner Hlava moved to approve A -8S7, per the Staff Report dated February 11, 1983 and Exhi- bits "B" and "C ", making the findings. Commissioner Nellis seconded the motion, which was carried unanimously 5 -0. Chairman Schaefer added that she would encourage the applicant to work with the neighbor to see if something can be done to mitigate his concerns. The 10 -day appeal period was noted.- 10a.A -862 - Michael Eld r 10b.SDR -1535 - Approval to single story in the R -1 -40 , Request for Design Review and Building Site onstruct a second story addition to an existing tructure at 19208 Panorama Drive (near Via Colina) 000 zoning district Commissioner Nellis gave an on \bd te report, noting the site and mitigating privacy impacts. Staff descri the proposal, stating that the sport court is not part of the approval. The public hearing was opened at 9 \45 p.m. Stan Winbeck, the neighbor on the we terly side, expressed his support for the project. fie noted that he felt it wo ld be an enhancement and the windows on the second floor pose no problem. Mr. Elder, the applicant, clarified tha the neighbor across the street has no problem with the plans. Commissioner Siegfried moved to close the ublic hearing. Commissioner Nellis seconded the motion, which was carried unan�imongi v Commissioner Hlava stated that, in making the findings for compatibility, they had noted that there were a lot of two -story ho\ s in the neighborhood. Commissioner Nellis moved to approve SDR -1535 per the Staff Report dated Flann ng Commission Meeting Minutes 3/9/83 Page 7 A -858 (cont. Commissioner ava moved to close the public hearing. Commissioner Siegfried seconded the m tion, which was carried unanimously. There was a conss�ensus that Mr. Toppel should research the issue of Mr. Martin's relationship; ho�rever, the Commission did not feel that that issue was relevant to this applicat\on and therefore they could proceed with a vote. Commissioner Siegfried moved to approve the Site Modification, approving the change in the siti g of the driveway, and also approving the amendment to the Staff Report for S R -1496, changing Condition II -C to read 25 feet instead of 40 feet, for purpos s of maintaining an emergency access road, and deleting Condition II -E rega ding the turnaround, per Exhibits "B" and "C" and the letter of March 3, 1983 from the Fire District. Commissioner Bolger seconded the motion, which was ca ried unanimously 6 -0. Commissioner Bolger m ved to approve A -858 per the Staff Report dated March 2, 1983 and Exhibits "B" nd "C ". Commissioner Siegfried seconded the motion, which was carried unan mously 6 -0. 8. A -859 - Sami $ Lucie Asfour, Request for Design Review Approval to construct a second sto y addition to a single story structure at 20522 Sevilla Lane (near T elma) in the R- 1- 12,500 zoning district Commissioner Siegfried gage an on -site report, noting that it appears that no surrounding homes are directly impacted. Discussion followed on the proposal. The letter from the neigZ s, in favor of the application, was noted. The public hearing was opened at 11:05 p.m. Condition No. 2 of the Staff Report was clarified to Mrs. Asfour\ the applicant. Commissioner Bolger moved to close the public hearing. Commissioner Hlava seconded the motion. Commissioner Nellis suggested a condition requiring land- scaping along the western property in addition to the southern property line. He moved to approve A -859 per the Staff Report of February 20, 1983 and Exhibits "B" and "C ", with the added condition for that landscaping. Commissioner Bolger seconded the motion, which was cNarried unanimously 6 -0. 9. A -860 - M. C. Johnson, Inc.,NRequest for Design Review Approval to allow the construction of a two s tory single family dwelling on Lot 5, Tract 6526 (near Burnett Drive) in the NFIR zoning district Commissioner Siegfried gave an on -s\ite report. The public hearing was opened at 11:10 p.m. The applicant appeared to answer questions. Since no one else appeared to address the Commission, Commissioner Siegfried moved to close the public hearing. Commissioner Nellis \econded the motion, which was carried unanimously. Commissioner Siegfried moved to approve A -860, making the findings in the Staff Report dated March 1, 1983 and-:per Exhibits "B" and "C ". Commissioner Hlava seconded the motion, which was carried unanimously 6 -0. COMMUNICATIONS Written 1. Letter from Steve Scialabba dated February 24, 1983 regarding recon- sideration of A -831. Staff gave the history of the request. Commissioner Hlava moved to reagen ize A -831 for reconsideration. Commissioner Siegfried seconded the motion, which was carried unanimously 6 -0. It was directed that this matter will endized for the meeting of March 23, 1983. Commissioners 2� Letter from H. Campbell and V. Van Valer dated March 41 1983 regard - Bolger, Hlava, ing esi e- ation o OS a nd A-85 /- ommissioner Schaefer moved to reagen- � n ize - 5 an A -857 or reconsi eration. Commissioner Nellis seconded the McGoldrick, motion, which was carried unanimously 6 -0. It was directed that this matter will Nellis, Schaefer be renoticed and agendized for the meeting of April 13, 1983. and Siegfried 3. Letter from Mike Cocco and Tom Phipps dated March 1, 1983 regarding present. � proposed berry and tree farm operation. Staff noted t at the area being proposed is t e area that has the use permit by the Horticultural Foundation. After con- siderable discussion it was the consensus of the Commission that they are favora- ble toward this type of operation in concept. However, they noted concerns of - 7 - oft Planning Commission Page 2 Meeting Minutes 2 /23/83 _� Commissioners Bolger, �A -857 Campbell and Van Valer, 14721 Sixth Street, Request for Design Crowther, Hlava, 3b. V -60S - Review and Variance Approval to add a multi -story addition to a McGoldrick and Schaefer two -story dwelling which will maintain a 16' front yard setback present. where 25' is required in the R- 1- 10,000 zoning district Staff described the proposal. The correspondence received on the project was noted. Commissioner McGoldrick gave a Land Use Committee Report, stating that could not see that the project would hamper the view. Commissioner Hlava noted that all of the houses on that side of the street have garages underneath. Staff described the entry into the driveway. The public hearing was opened at 7:55 p.m. Dennis Burrow, the architect, gave a presentation on the project and discussed the driveway. Chairman Schaefer expressed her concern regarding setting a precedent for three -story structures. Mr. Burrow explained that the three - store aspect is primarily a technical definition, because the lower level where the garage is going is an illegal space for any kind of habitation from the stand- point of the Building Department. He indicated that it would be partially screened by a deck, shrubs and landscaping. Staff noted that there are three levels. Harold Blair, 20761 Pamela Nay, spoke in opposition to the driveway on Pamela because of the steepness of the grade. Staff explained the construction of the driveway, indicating that it would enter onto Pamela near the corner, approxi- mately 20 -25 feet from the pavement on Sixth Street. They added that there is a lesser slope across this direction than coming straight out to Pamela. They indicated that they did not believe that the location of the driveway would be a hazard, since it enters onto Pamela rather than Sixth Street. Commissioner Hlava moved to close the public hearing. Commissioner Bolger seconded the motion, which was carried unanimously. Commissioner Hlava moved to approve V -605, making the findings as stated in the Staff Report dated February 11, 1983. Commissioner McGoldrick seconded the motion. The motion failed 3 -2, with Commissioners Crowther, Bolger and Schaefer dissenting. Commissioner Crowther moved to deny A -857. Commissioner Bolger seconded the motion, which was carried 3 -2, with Commissioners Hlava and McGoldrick dissent- ing. Commissioner Schaefer and Commissioner Bolger indicated that they had voted against the three -story aspect and because of concern regarding exiting near a corner on a driveway with a grade. Commissioner Schaefer added that she had no opposition to converting the garage into living space if a new driveway could be a little bit further from the corner. Commissioner Crowther stated that his basis for denial was the third-story appearance from Pamela, the drive- way being at the slant that it is near the corner of Sixth, and the traffic coming down Sixth. The 10 -day appeal period was noted. 4. A -8S3 - Kenneth J. Naber\aed 460 Ted Avenue, Request for Design Review Approval to cons t a second-story addition to a one-story single family dwelling Ave. near Zorka Ave. in the R -1- 10,000 zoning district; continfrom February 9. 1983 The proposal was described by StaNff, noting that there is sufficient area on the site for a single -story addition. Commissioner McGoldrick gave a Land Use Committee Report. She commented that Commissioner Nellis had noticed that the present deck outside seemed to have a pool in it and it appeared to be very close to the lot line. She indicated that they saw no problem with the screening at the rear. Possible landscaping for screening purposes from a new subdivision was discussed. The public hearing was opened at 8:15 p\.m. The applicant spoke on the project, ind ` ating that there is a two story directl behind his property. He stated that he did not have room on the site for a one -story addition. - 2 - REBUTTAL TO MOSS LETTER Predominately Modest Single Story Homes: I'm not sure what Ms. Moss means by modest. We purchased our home 4 112 years ago for $148,000 which we do not consider modest. If she is concerned that we intend to build a mansion, I assure her, as much as we might like to, it is not possible. Here, as with Mr. Leishman's letter, our house is termed a two -story with a "multi- story" addition. It simply is not. Because the homes facing the Moss house are on a hill, with garages underneath, they too would be called two -story houses - a most inaccurate description. But, however ambiguous the term.two- story, if that is the case so be it. We would then like to be able to make use of that "first" story and have our garage underneath our house as do our neighbors. Encouragement For Others To Remodel: I- think this clearly.shows that Ms. Moss wants the neighborhood to remain as it has been since she moved in 23 years ago. Second Floor Additions Do Not Follow The Lines Of The Original Design: Simply not true unless the addition is not designed by a competent architect. The whole idea behind our plans is to make the house look as though the remodeling never took place, but that the house was built that'way when it was originally constructed in 1952. Eucalyptus Trees Cannot Be Considered Permanent: Why not? We have absolutely -no intention of cutting them down, and the one tree which would have to be removed for our garage entrance is small enough that I doubt that anyone will notice the difference. As most Saratoga residents know, Saratoga is very protective of its trees and residents are not allowed to remove any trees without permission from the City. I also question Ms. Moss on the likehood of wind damage. The eucalyptus trees have been topped to make them fuller and bushier, a treatment we intend to continue. Blind Corner: The corner is not blind.. It is far safer than backing onto Sixth. Street where not only am I in danger by 'those drivers racing up from Big Basin, but by those coming down from Oak /Bohlman Road who come upon me without any warning. Omission Of Dining Room Obvious When They Purchase The Property: Does this mean that anyone buying a house must be satisfied forever, with that which met his needs at the date of purchase (or move on)? Hap and I married a few weeks before we bought this house and as most married couples can remember, their first house, while meeting a couple's demands during the first year or two or marriage, rarely remains so throughout their lives. Practically every room of our house can be viewed when entering through the front door. We have only two bedrooms. We have no dining room and only a four foot bar affair in the kitchen, necessitating our placement of a small dining table in the living room. While all of this was very cozy 4 1/2 years ago, we now find it very difficult. Those Who Support This Remodeling Venture: Have personally spoken to us. They have been shown our plans. We have encouraged all neighbors to call us with questions and /or suggestions. Each of these neighbors feels that we will be improving the neighborhood and most likely property values as well. Neither they nor we have "an ulterior motive" nor are "they victims of a snow job." I would like to add that when I called Mary Moss to ask if I might visit her in order to show her our plans she stated, "well okay, but I'm sure nothing you can show me will change my mind" (about our remodeling.) Hap and I have encouraged each and every one of our neighbors to talk to us with their ideas and suggestions, but find it very defeating when someone has her mind made up before even having knowledge of the plan. It , . rRECEI V E D ,'i 2 9 1,983 WE, THE UNDERSIGNED, WISH TO APPEAL THE ACTION TAKEN BY THE SARATOGA PLANNING COMMISSION AT THE APRIL 13 MEETING, TO PERMIT THE ADDITION OF A SECOND STORY TO THE RESIDENCE AT THE CORNER OF SIXTH STREET AND PAMELA WAY. THE COMMISSION'S ACTION SETS A PRECEDENT IN A NEIGHBORHOOD OF ONE STORY HOMES. Date Name Address AI hVE A, R f`-- !y J 20777 Pamela Way, Saratoga April 15, 1983 To: Mayor Linda Callon and City Council Members From: Mary J. Moss Re: Permit for third story remodeling at 14721 Sixth Street This statement is to explain why I oppose the action of the Saratoga Planning Commission in granting a permit for a 4L. I third floor addition to the residence of Hap Campbell at 14721 Sixth Street. This is a substandard lot with a 16 ft. setback and a 26% slope. Altho the planning Commission overlooked the precedent this sets in a neighborhood of predominately modest single story homes, and the encouragement this approval gives to others to remodel. (A neighbor who is interested in selling, attended the April :43 appeal meeting to observe the procedure necessary to get a permit.) The possibility of a row of three story structures on the high side of the street would change the character of the neighborhood. To emphasize the differences in elevation of the two sides of the street, the floor of the proposed garage will be higher than the peak of the roof of ithe.,home across_the street. The view from the living room windows of the homes on the north side of Pamela Way will be a three level structure. Second floor additions rerErally are quite obvious and do not follow the lines of the o- iginal design. A horrible example, approved by the Planning Commission, is at 20825 Pamela Way,, and now,used ;for;,re'ntal. "Trees will screen the house." This is only partially true. One tree must be removed for the entrance to the proposed garage. These trees cannot be consid- ered permanent. Former owners have kept the eucalyptus trees topped to prevent wind damage. Grading for the proposed drive- way (2 ft. excavation) could distrubethe root systems making the likehood of wind damage greater. April 22nd, 1983 TO +: Saratoga City Council City Hall Saratoga, CA. 95070 IN RE : Request for FROM: H. J. Harlor Pamela Way 20824 Pamela Way Variance Saratoga, CA. 95070 Dear Members - Since the late 1940s, the Carlton Tract (principally Pamela Way) has been, and was intended to be, a development of small, one - story, single family dwellings. Until now, with the excep- tion of one residence, that is the zoned condition of this immediate area. The majority of the present residents wish it to remain so. In view of the appli- cation for the change in the structure of the house at the corner of Pamela Way and 6th Street, coupled with the hazard of a driveway fronting unnecessarily near the junction of the above two streets, along with the reported intent of the occupants of #20782 Pamela Way wishing to also add to their structure - - both to have a 2nd story above ground in addition to there being garages underneath presenting a 3rd level - - it is obvious that the appearance and char- acter of this small corner of Saratoga would be mark- edly changed, in addition to a trespass upon the wishes and conformity of the several residents who oppose this change. The old "saw" - - "once bitten - twice shy" - is applicable here for those of us who like our "hideaway" without more changes than have occurred. Respectfully submitted, 7 H. J Harlor RECE I'VE D ntPR 2 9 15003 . " . % - Page 2 of 2 The entrance onto Pamela VVay from behind a brick wall to a blind corner at Sixth Street appears hazardous to me. The owner has lived at this address for four years. (Those most concerned have lived here from 14 to 33 years.) During these four years the owners have remodeled a bedroom and added a deck. They had the property up for sale for a number of months. The owner stated at the appeal neeting that the reason for remodeling is to have a dining room. This omission was obvious when they purchased the property. Question: Must • neighborhood be saddled with a three story structure so that • couple may have a dining room? Those who support this remodeling venture must be unable to visualize the impact of an additional floor; or they have an ulterior motive; or they are victims of a snow job. Those who oppose this permit are interested in preserving the aesthetic and protecting property values. I hope the City Council agrees. "ii. IV f;1 February 18th, 1983 TO Planning Commission City of Saratoga CRMIT REVIEW FRO?,' Residents of Pamela Way LN RE Application for Variance to Property at # 14721 Sixth (6th) Street The undersigned residents of Pamela lay : "✓'"' cr� vUt_�tut�'cc.tic _ Glad, s Al. Duncan # 20801 Charles C. Lon+#2 93 ary ':loss 20777 -�' 7Z ! � Jean & Harry Harl0 ; 208214 being unable to attend the public hearincr to be held :ednesday, ?;ebruary 23rd, 1983 (due to hospitalization - or other commitments) concerning the above application, wish to express our considered opinion and ccncern regarding said requested variance. The primary objection is to the proposed drive opening on the almost immediate junction of Pamela ',._:,ay and 6th Street. This is a partially "blind" junction now, and any added vehicle openinn(s) at this point, _or nearby, mould without question add to the potential danger. This hazard was considered when the two ccrner houses were built, and therefore drives were made for same on 6th Street (as well as being less expensive and more convenient). Also in 'k1ee -)ing wit'-, the original subdivlsion purpose of single, one- story houses - - ::hich most of the long -tine residents have subscribed to and -a= retained - - :` -t snot in tine neighborhood's aest hetic interest tp i a lar -e t1-;o uor.i structure at variance with the rest of the homes. .rs. Jo: ?n a!1StrCD (the ..or:iginal ezner) ;;a5 al.SG ati' {arE ttilai, t ^2 1C1'rer h'-lls ide is undermined w`..th sprig: -s . I CITY OF SARATOGA AGENDA BILL NO: DATE: June 1, 1983 DEPARTMENT: Maintenance SUBJECT: Landscaping and Lighting District LLA -1 (Existing) Issue Summar Initial: Dept. Head: City Atty : Ci ty Mgr At the May 4, 1983 meeting, City Council adopted Resolution No. 2051 -B, A Resolution of Preliminary Approval of Engineers Report and Resolution No. 2051 -C, A Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972. Resolution No. 2051 -C also set the time and date for the public hearing at June 1, 1983 at 8 :00 p.m. Recommendation Utilize the agenda provided by Wilson, Morton, Assaf and McElligott for the public hearing. Upon closing the public hearing, adopt Resolution No. 2051 -D, A Resolution Overruling Protests, Ordering Improvements and Confirming the Diagram and Assessments. Fiscal Impacts The costs for the administration, maintenance and servicing and lighting costs are charged to the various zones within the district based on benefit received. The Santa Clara County Assessor's Office will collect the amounts through the taxes and, in turn, send to the City. Exhibits /Attachments 1. Resolution No."-:2051 -D. 2. Engineer's Report - (available in City Clerk's office) 3. Summary -and Comparison -of Assessments 4. Agenda .for'-Public Hea,rin'g 5. Mayor's statement and declaration that'the "Public Hearing is open 6.— Statement -of the Clerk of the City verifying 'Affidavit of Publication and Certification of Posting Resolution of Intention are on file Council Action 6/1: Moyles /Fanelli moved to adopt Resolution 2051 -D. Passed 4 -0. 2080C -535a WMAM :JEB:om 05/18/83 12c RESOLUTION NO. A RESOLUTION OVERRULING PROTESTS AND ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1983 -1984 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 20th day of April, 1983, said Council adopted its Resolution No. 2051, Describing the Improvements and Directing Preparation of Engineer's Report for Fiscal Year 1983 -1984 for the "City of Saratoga Landscaping and Lighting District LLA -1" Pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer to prepare and file with the City Clerk of this City a written report called for under said Act and by said Resolution No. 2051; WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 2051, including (1) plans and specifications of the existing improvements and the proposed improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 1st day of June, 1983, at the hour of 7:30 o'clock p.m. of said day in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessment for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 1983 -1984 and directing said Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to the improvements, including the maintenance or servicing, or both, thereof, or to the extent of the proposed assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the Clerk of said City at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or -2- servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, for Fiscal Year 1983 -1984 be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 3. That the City of Saratoga Landscaping and Lighting District LLA -1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said district, and of any zone thereof.and the general location of said District. 4. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the -3- assessment district or within any zone thereof contained in said report, be, and they are hereby, finally adopted and approved. 5. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. 6. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 7. That the diagram showing the exterior boundaries of the assessement district referred to and described in said Resolution No. 2051, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed. 8. That the assessment of the total amount of the costs and expenses of the proposed improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, contained in said report, be, and the same is hereby finally approved and confirmed. -4- 9. That said Engineer's Report for Fiscal Year 1983 -1984, be, and the same is hereby, finally adopted and approved as a whole. 10. That the Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with a certificate of such confirmation thereto attached and of the date thereof. 11. That the order ordering the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the.diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. -5- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor City Clerk of the City of Saratoga SUMMARY AND COMPARISON OF ASSESSMENTS FOR 1982 -83 & 1983 -84 ZONE NUMBER TOTAL ASSESSMENT 1982 -83 PER PARCEL ASSESSMENT 1982 -83 TOTAL ASSESSMENT 1983 -84 PER PARCEL ASSESSMENT 1983 -84 1 0 0 272.51 10.90 2 523.65 6.16 562.70 6.62 3 Y 0 0 4 1390.50 2.06 5 226.53 2.12 89.88 .84 6 0 1003.52 15.68 7 Commercial 7128.88 92.58 4203.20 56.80 7 Residential 4887.72 6.66 4271.42 5.78 8 2080C -535a AGENDA CITY OF SARATOGA PUBLIC HEARING JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 FISCAL YEAR 1983 -1984 A. PUBLIC HEARING 1. Mayor's statement and declaration that the Public Hearing is open. 2. Statement of the Clerk of the City verifying Affidavit of Publication and Certificate of Posting the Resolution of Intention are on file. 3. Statement of Engineer as to the nature of the Project. 4. Reading of written protests. 5. Hearing of oral testimony and comments. 6. Closing of Public Hearing. B. POSSIBLE COUNCIL ACTION 1. A Resolution Overruling Protests and.Ordering the Improvements and Confirming the Diagram and Assessment. 2080C -535a OPENING STATEMENT BY THE MAYOR OF THE CITY OF SARATOGA JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 This is the time and place set for hearing on the levy and collection of the proposed assessment for Fiscal Year 1983 -1984 for the City of Saratoga Landscaping and Lighting District. Notices have been published and posted pursuant to law and the certificates and affidavits of publishing and posting are on file in the office of the City Clerk. These proceedings were undertaken pursuant to the Landscaping and Lighting Act of 1972. This hearing is a hearing on the Engineer's Report prepared pursuant to the provisions of the 1972 Act. The Engineer's. Report prepared by the City Engineer consists of the proposed improvements, the boundaries of the Assessment District and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the District. Any one of these items may be the subject of protests or endorsements. You are asked to clearly identify yourself and the property owned by you so that your statements may be correctly recorded. The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing. I 2080C -535a CLERK'S STATEMENT JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 Notices have been published and posted as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and posting are on file in my office. A copy of the Engineer's Report prepared by the City Engineer was filed in my office on May 4, 1983, and has been open to public inspection since that time. CITY OF SARATOGA AGENDA BILL NO: 45-9 Initial: Dept. Head: DATE: June 1, 1983 City Atty DEPARTMENT: Maintenance City Mgr ------------------------------------------------=---------------------------------------- - - - - -- SUBJECT: Landscaping and Lighting District LLA -1 (Annexation) Issue Summary At the May 4, 1983 meeting, City Council adopted Resolution No. 2052 -B, A Resolution of Preliminary Approval of Engineers Report and Resolution No. 2052 -C, A Resolution of Intention to Order the Levy and Collection of Assessments Pursuant to the Landscaping and Lighting Act of 1972. Resolution No. 2051 -C also set the time and date for the public hearing at June 1, 1983 at 8:00 p.m. Recommendation Utilize the agenda provided by Wilson, Morton, Assaf and McElligott for the public hearing. Upon closing the public hearing, adopt Resolution No. 2052 -D, A Resolution Overruling Protests, Ordering Improvements and Confirming the Diagram and Assessments. Fiscal Impacts The costs for the administration, maintenance and servicing and lighting costs are charged to the various zones within the district based on benefit received. The Santa Clara County Assessor's office will collect the amounts through the taxes and, in turn, send to the City. Exhibits /Attachments 1. Resolution No. 2052 -D 2. Engineer's Report (available in City Clerk's office) 3. Agenda -for Publ i c Hearing' • I , - 4. Mayor'-s statement and­declaration. that thea�Rublic Hearing is open 5. Statement of theXlerk.- of`the;City verifying Affidavit of Publication and Certification of Posting Resolution of Intention are on file Council Action 6/1: Fanelli /Clevenger moved to adopt Resolution 2052 -D. Passed 4 -0. 2080C -535a WMAM :JEB :ohk 05/20/83 12c RESOLUTION NO, A RESOLUTION OViRRUfrl4 G- -PRGLT-ES- T- S —AN.D- ORDERING THE ANNEXATION OF TERRITORY TO AN EXISTING ASSESSMENT DISTRICT, ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 20th day of April, 1983, said Council adopted its Resolution No. 2052, Determining to Undertake Proceedings for the Annexation of Territory to an Existing Assessment District Known as "City of Saratoga Landscaping and Lighting District LLA -1" Pursuant to the Landscaping and Lighting Act of 1972, and directed the City Engineer of said City (herein the "Engineer ") to prepare and file with the City Clerk of this City a written report called for under said Act and by said Resolution No. 2052; WHEREAS, said report was duly made and filed with the City Clerk of said City, whereupon said Clerk presented it to this Council for its consideration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 2052, including (1) plans and specifications of the existing improvements and the proposed improvements; (2) estimate of costs; (3) diagram showing the exterior boundaries of the area proposed to be annexed to the existing assessment district, which is also the area proposed to be assessed; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 1st day of June, 1983, at the hour of 8:00 o'clock p.m. of said day in the regular meeting place of said Council, City Hall, 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the annexation of territory to an existing assessment district and the levy and collection of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972, and to said proposed improvements, including the maintenance or servicing, or both, thereof, and directing said City Clerk to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly published and mailed in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and WHEREAS, persons interested, objecting to the annexation of territory to an existing assessment district, or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the proposed assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, filed written protests with the City Clerk of said City -2- at or before the conclusion of said hearing, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the annexation of territory to said existing assessment district and said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council] NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, as follows: 1. That protests against the annexation of territory to said existing assessment district or of said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district or any zones therein, or to the proposed assessment or diagram, or to the Engineer's estimate of costs thereof, were not signed by the owners of a majority or more of the area of assessable lands within said territory proposed to be annexed and assessed herein, and that said protests be, and each of them are hereby, overruled. 2. That the public interest, convenience and necessity require the annexation of territory to an existing assessment district and the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto, which annexation is hereby ordered. 3. That the annexed territory and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or -3- servicing, or both, thereof, are situate in the City of Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the City Clerk of said City. Said map indicates by a boundary line the extent of the annexed territory included in said assessment district, and of any zone thereof and the general location thereof. 4. That said annexed territory be, and it is hereby, designated as "City of Saratoga Landscaping and Lighting District LLA -1 Annexation 1983 -1" by which name it may hereafter be referred to. 5. That the plans and specifications for the existing improvements and for the proposed improvements to be made within said assessment district or within any zone thereof contained in said report, be, and they are hereby, finally adopted and approved. 6. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of-the incidental expenses in connection therewith, contained in said report, be, and it is hereby, finally adopted and approved. 7. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 8. That the diagram showing the exterior boundaries of the annexed territory referred to and described in said Resolution No. 2052, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said annexed territory as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which -4- lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed. 9. That the assessment of the total amount of the costs and expenses of the proposed improvements upon the several lots or parcels of land in said annexed territory in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, including the maintenance or servicing, or both, thereof, and of the expenses incidental thereto, contained in said report, be, and the same is hereby finally approved and confirmed. 10. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole. 11. That the.City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with a certificate of such confirmation thereto attached and of the date thereof. 12. That the order ordering the annexation of territory to an existing assessment district and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram, the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order, if any, heretofore duly adopted or made by this Council. -5- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 19 , by the following vote of the members thereof: AYES, and in favor thereof, Council Members: NOES, Council Members: ABSENT, Council Members: APPROVED: Mayor City Clerk of the City of Saratoga 2079C -535a AGENDA CITY OF SARATOGA PUBLIC HEARING JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 A. PUBLIC HEARING 1. Mayor's statement and declaration that the Public Hearing is open. 2. Statement of the Clerk of the City verifying Affidavit of Publication and Certificate of Mailing the Resolution of Intention are on file. 3. Statement of Engineer as to the nature of the Project. 4. Reading of written protests. 5. Hearing of oral testimony and comments. 6. Closing of Public Hearing. B. POSSIBLE COUNCIL ACTION 1. A Resolution Overruling Protests and Ordering the Annexation of Territory to an Existing Assessment District, Ordering the Improvements and Confirming the Diagram and Assessment. 2080C -535a OPENING STATEMENT BY THE MAYOR OF THE CITY OF SARATOGA JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 This is the time and place set for hearing on the annexation of territory to the City of Saratoga Landscaping and Lighting District and the levy and collection of the proposed assessment. Notices have been published and mailed pursuant to law and the certificates and affidavits of publishing and mailing are on file in the office of the City Clerk. These proceedings were undertaken pursuant to the Landscaping and Lighting Act of 1972. This hearing is a hearing on the Engineer's Report prepared pursuant to the provisions of the 1972 Act. The Engineer's Report prepared by the City Engineer consists of the proposed improvements, the boundaries of the territory to be annexed and any zones therein, the proposed diagram, the estimate of cost thereof and the proposed assessments upon assessable lots and parcels of land within the area proposed to be annexed to the District. Any one of these items may be the subject of protests or endorsements. All written protests to be computed in the protest percentage in relation to the annexation of territory to the District including the Engineer's Report should be filed with the City Clerk at or before the conclusion of this hearing. Protests or endorsements may be made by any person interested, but only written protests filed by property owners of assessable lands in the territory proposed to be annexed may be considered in determining the percentage of protests. You are asked to clearly identify yourself and the property owned by you so that your statements may be correctly recorded. The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing. 2080C -535a CLERK'S STATEMENT JUNE 1, 1983 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA -1 ANNEXATION 1983 -1 Notices have. been published and mailed as required by the Landscaping and Lighting Act of 1972. Affidavits and certificates of publishing and mailing are on file in my office. A copy of the Engineer's Report prepared by the City Engineer was filed in my office on May 4, 1983, and has been open to public inspection since that time. It