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HomeMy WebLinkAbout03-10-2004 Planning Commission PacketCITY OF SARATOGA PLANNING COMMISSION AGENDA DATE: Wednesday, March 10, 2004 - 7:00 p.m. PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting ROLL CALL: Commissioners Cynthia Barry, Mohammad Garakani, Susie Nagpal, Michael Schallop, Mike Uhl, Ruchi Zutshi and Chair Jill Hunter ASSENT: None STAFF: Planner Oosterhous, Director Sullivan ~sz Minutes Clerk Shinn PLEDGE OF ALLEGIANCE MINUTES: Draft Minutes from Regular Planning Commission Meeting of January 28, 2004 (APPROVED 4-0) and February 25, 2004. (APPROVED 5-0) ORAL COMMUNICATIONS -Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not on this agenda The law generally prohibits the Planning Commission from discussing or taking action on such items. However, the Planning Commission may instruct staf f accordingly regarding Oral Communications under Planning Commission direction to Staff. REPORT OF POSTING AGENDA Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 4, 2004. REPORT OF APPEAL RIGHTS If you wish to appeal any decision on this Agenda, you may file an "Appeal Application" with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b). In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the Ciry Clerk at (408) 868-1269 or ctclerh@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). CONSENT CALENDAR - None PUBLIC HEARINGS All interested persons may appear and be heard at the above time and place. If you challenge a decision of the Planning Commission pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this agenda, or in written correspondence delivered to the Saratoga Planning Commission at, or prior to, the public hearing. In order to be included in the Planning Commission's information packets, written communication should be filed on or before the Monday, a week before the meeting. 1. APPLICATION #03-278 (397-15-018, 397-14-022, 397-13-030) Verizon Wireless, West Valley College 14000 Fruitvale Avenue; -Request for use permit approval to remove 16 Metricom panel antennas and related equipment and to install 12 Verizon panel antennas, two GPS antennas, and an equipment enclosure at the Theater building on the West Valley College Campus. The theater building is currently utilized by AT~T, Nextel, and, Cingular wireless facilities (CxRISrY OosrERxous). (APPROVED 5-0-2, BARRY &t ZUTSHI ABSTAIN) DIRECTORS ITEM - Remind Commissioners that the meeting on March 24, 2004 is cancelled COMMISSION ITEMS - None COMMUNICATIONS WRITTEN - City Council Minutes from the Joint Meeting with the Arts Commission held on February 4, 2004 ADJOURNMENT TO AT 7:30 PM TO THE NEXT MEETING - Wednesday, Apri114, 2004 at 7:00 p.m. in the Council Chambers/Civic Theater 13777 Fruitvale Avenue, Saratoga, CA If you would like to receive the Agenda's via e-mail, please send your e-mail address to planning@sarato a.ca.us CITY OF SARATOGA PLANNING COMMISSION SITE VISIT AGENDA DATE: Tuesday, March 9, 2004 -12:00 noon PLACE: City Hall Parking Lot, 13777 Fruitvale Avenue TYPE: Site Visit Committee SITE VISITS WILL BE MADE TO THE FOLLOWING ITEMS ON THE PLANNING COMMISSION AGENDA FOR WEDNESDAY, MARCH 10, 2004 ROLL CALL REPORT OF POSTING AGENDA AGENDA 1. Application #03-278 - VERIZON Item 1 14000 Fruitvale Avenue SITE VISIT COMMITTEE The Site Visit Committee is comprised of interested Planning Commission members. The committee conducts site visits to properties which are new items on the Planning Commission agenda. The site visits are held on the Tuesday preceding the Wednesday hearing, between 12:00 p.m. and 2:00 p.m. It is not necessary for the applicant to be present, but you are invited to join the Committee at the site visit to answer any questions, which may arise. Site visits are generally short (5 to 10 minutes) because of time constraints. Any presentations and testimony you may wish to give should be saved for the public hearing. • • CITY OF SARATOGA PLANNING COMMISSION AGENDA t~-~ Wedgy, i~->~, 2004 - T:00 pm. . ~: Couadl Chambes~K,ivic 7~aar, L3777 FnaitvAk AMenue, SAratogA, CA M ` ~ Rurhi Zutshizutsl~ Ate Cb~ Mo~Am~asa Gtraku~i, ~c NABpnt' Ned SehAuop' ~e vhl' Pi~G~~f~F At1.~GtANCE ' M~1iES: Daft Mi~cutea fiiom RegulAr Plaaniag C.aa~oi~aico Mect~g of JarniAry 28, 2004 And ~+~• UItAL Co~C~-T10NS - Any n~+ar of ticPsbiic wili be ailow~ad m addrres tic Pio~g£o~ssion for ~ to thr+rc ndnuta on . wee~ne~aotoa ~ the lawgata~prol tkPlasdnaC.oe;~ wr t+a>d~aceion oR ach nano; Howrr~a~, d~c~~ycx~`~-c~ca~~~P~~a~st~ r ~ . Qlt'f of P06Tti~G AGENDA Pmt to Go~au Code 54954.2, the agenda for this mooting was propaiy postal aai Much 4, 2004. ~'toF APP'FAL RIGHTS ~ ; w~ ~~ ~ decide an this AgenaA, you mAr 8le an ' ~" with the .City Clerk. (15) calendar dAys of the date of the docidon, P to Mtm~idpil cale~ls-9ctos0 (b). In cas~er~cc witi tic Ama~ieans wilt Disabilities Act (ADA), tf yoet Hoed a:sistanot kr it dds ~aoui~ picric omstoct tic City Clerk at (4QB) 868-I2fi9 ~r caclar~o~acaas. Niaetion ~ 1e~s prior to tk raoabg wtii ataib~e die Ciry w maker+casonabk axronga»eyets to auta~c accessibtl~jt tv tMs C18 CFR ~'f.IOQ-33.104 ADA ?ilk II). CONSENT CALENDAR None PL38L.IC HEARINGS A~ pC!lO~lB mAy Appear And be heard AL the Above tisae and p~lACx. ~ you chaUe~e A docidon of - tie Caa~nmiedoa puraunt to A public in caarc, yon ~ be hmi~ted to raising only thole iswds -Iran or sarnea~c ebe resod At the public hearing(s) descxibCd ~. this - or ~ written ooerss~oadence delivered to the Santcga PLmai~ Coense, ar pitioR to, tLe: pnbYc lxAring. In seder ~e d`In the Pbuining C.~misdoa's ~f padoexs, vvritt~n ccmaoeutieatio~n should be fllod on ar a the Mo®dAy, ~ week 6e&u~c the moeti~g.. L .APPLICATION #03-2T8 (397-iS-Ol8, 39T-14-©22, 39T-13-03a) Vezlzoa Wirele~aa, Went ,'Y~y College 14©00 FnatvAlc Avenue; - Requeyst, for uec P appnri-Al to remove 16 iW~ pAacl antennAS and relaeed cquipmcat sad o~ instul112 Verfeon panel AntennAS, two GPS aateanas, and an cqu eaclasure at the Tester b~uildfiag eu the ``West Vtdlry College . Can~pvs. The theater building is currently utilized by ATFuT, Ncxtel, and, Cingular wireless mattes (CxusrY Oos~xovs). D~tS ITEM ~- Commissioners that the meeting on March 24, 2004 is cancelled +C'o~M~s,t ITEMS COMMtJNICAT1ONs wRrr~rr - C~Couiicil Minutes from the Joint Meeting with the Arts Commission held on February 4, ADJOV1tNMENT TO NEXT MEETING - vv~dnesday, April 14, 2004 at 7:00 p.m. in the Council Ch~tmbcrs/Civic Theater 13777 Fruitvsate Avenue, Saratoga, CA • •i If you would like w i~ the Agenda's via a-mail, pkaae ~endyour a-mail addrtss to R arato c~a.ur ~, MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, January 28, 2004 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Acting Chair Zutshi called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Barry, Nagpal, Schallop and Zutshi Absent: Chair Hunter and Commissioners Garakani and Uhl Staff: Director Tom Sullivan, Associate Planner John Livingstone and Associate Planner Christy Oosterhous PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES -Regular Meeting of January 14, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Barry, the Planning Commission minutes of the regular meeting of January 14, 2004, were adopted as submitted. (4-0-3; Chair Hunter and Commissioners Garakani and Uhl were absent) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 22, 2004. REPORT OF APPEAL RIGHTS Director Tom Sullivan announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). • Saratoga Planning Commission Minutes of January 28, 2004 Page 2 *** CONSENT CALENDAR -ITEM NO.1 CAPITOL IMPROVEMENT PROGRAM & GENERAL PLAN CONFORMINTY FINDING: The Saratoga Planning Commission will review and determine if the additions to the proposed 2003-04 Capitol Improvement Program are consistent with the various goals, policies and programs of the City of Saratoga General Plan. Director Tom Sullivan presented the staff report as follows: • Advised that there is no specific staff report except to advise that the Planning Commission previously acted on this item. Council subsequently added three additional items to the CIP. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Barry, the Planning Commission found the additions to the proposed 2003-04 Capitol Improvement Program to be consistent with the various goals, policies and programs of the City of Saratoga General Plan, by the following roll call vote: AYES: Barry, Nagpal, Schallop and Zutshi NOES: None ABSENT: Garakani, Hunter and Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM N0.2 APPLICATION #03 201 (503-48-029 and 503-48-028) located at and adiacent to 21170 Bid Basin Way: Request of the Local Agency Formation Commission (LAFCO) to expand the City of Saratoga's Urban Service Area Boundary to include two new parcels, APN 503-48-029 and APN 403-48-028. (Continued from January 14, 2004.) (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: • Advised that staff is recommending that the Planning Commission recommend approval to City Council the request by LAFCO to adjust the Saratoga Urban Service Area Boundary to include two new parcels. • Described the zoning as Residential and the General Plan designation as Hillside Residential. • Stated that the reason behind this change is to give the City of Saratoga a sphere of influence over future development of this property. Without the Urban Service Area Boundary designation, the County is not required to provide the City of Saratoga with notice of pending development applications. • Stated that the proposed addition to the Urban Service Area Boundary is consistent with the City's General Plan and LAFCO's policies. • Informed that the property owner's attorney has provided a letter that has been distributed to the Commissioners this evening. • Recommended approval of this proposed Saratoga Planning Commission Minutes of January 28, 2004 Page 3 Commissioner Barry asked staff to clarify what it takes to bring a property into the Urban Service Area Boundary. Associate Planner John Livingston replied that said properties must be contiguous to the City and a resolution be adopted by the City Council. Commissioner Barry restated that there are no specific requirements other than being contiguous to a City's boundary. Commissioner Nagpal asked for verification that the City has received no current notice of pending property development. Associate Planner John Livingstone replied correct. Commissioner Nagpal asked staff to confirm that under the Urban Service Area Boundary, these property owners would not have to comply with City of Saratoga design guidelines but rather the City is just given the opportunity to provide comments to the County on potential development. Associate Planner John Livingstone replied correct. Commissioner Nagpal asked why Land Use Policy 5, regarding development compatibility, is included in the report. Associate Planner John Livingstone replied that if these properties were to be annexed into the City of Saratoga, the City's design review polices would ensure compatibility with the adjacent properties and uses. Commissioner Nagpal asked if the issue of annexation would come before the Planning Commission or before City Council. Associate Planner John Livingstone advised that the issue of potential annexation would be considered by the City Council. Commissioner Schallop asked if the only way the City has any influence is if it were to directly receive notice from the County. Associate Planner John Livingstone said that the City sometimes gives comment to the County. Sometimes they listen and act upon the comments provided. Director Tom Sullivan said that the relationship between City and County staff is better today than a few years ago. Commissioner Schallop asked if the City has yet considered the possibility of annexation. Director Tom Sullivan replied no. • Commissioner Schallop asked if the attorney's reference to a 50 percent rule is accurate. Saratoga Planning Commission Minutes of January 28, 2004 Page 4 _ Associate Planner John Livingstone replied yes. This could change however with ownership changes or more properties being considered for annexation at one time. Commissioner Schallop asked if structures built on this property would be visible from the valley. Director Tom Sullivan replied that there are many parcels far from the City of Saratoga's sphere of influence where structures constructed are clearly visible. Commissioner Schallop asked staff what cost is incurred in bringing the proposal for additions to the Urban Service Area Boundary forward. Associate Planner John Livingstone replied just staff time. Commissioner Schallop asked what triggered this interest. Director Tom Sullivan replied City Council. Acting Chair Zutshi asked for further clarification regarding the attorney's letter and the comment that annexation cannot occur without their consent. Associate Planner John Livingstone replied that this statement depends upon certain variables. Director Tom Sullivan added that without those possible variables, that comment is generally true. . Commissioner Barry asked staff if the County has any position on the idea of bringing this property into the City of Saratoga's Urban Service Area Boundary. Director Tom Sullivan reported that the County is supportive of all cities annexing property as much as possible. The County is a social service oriented agency and not property development oriented. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 2. Mr. David Britton, Property Owner, 21170 Big Basin Way: • Identified himself as owner of 10 acres of property under consideration this evening. • Apologized for the delay in getting his attorney's letter in to the Commission.. • Said that it is important that the Commission know that adding his property to the Urban Service Area Boundary would not benefit the City of Saratoga as the only way for the City to have any influence would be annexation. The City is unable to annex properties without the consent of 50 percent of the property owners. Both the Brittons and the Englishes would protest annexation. • Recommended that the Planning Commission deny inclusion of their property into the City of Saratoga's Urban Service Area Boundary. • Assured that he plans to appear before Council when they consider this proposal. • Asked if his previous correspondence was included in the Commission's staff report. • Said that he is not against what the City is trying to accomplish, just that he is not exactly sure what it is the City is trying to accomplish. • • Questioned the reasoning for the City to spend its money when it would receive no benefit. • Listed the likely scenario to be first, Urban Service Area; second, annexation into the City and, finally, merging of property to Hakone Gardens. Saratoga Planning Commission Minutes of January 28, 2004 Page 5 • Pointed out an entire paragraph regarding the expansion of Hakone Gardens. •• Thanked the Commission for its time. Commissioner Schallop asked Mr. David Britton what his specific concerns are. Mr. David Britton replied that if annexation occurs before he is able to sell his property the new owners would be under City jurisdiction and not County jurisdiction. Commissioner Schallop pointed out that it is probably not even possible to secure annexation under these conditions even if annexation is attempted. Mr. David Britton asked why even change the Urban Service Area Boundary. The County may not care but the property owners do care. He added that he is required to disclose this possibility as he is trying to sell his property. He is required to make it clear as to what a new owner can expect. Ms. Sara Louise Freitig English: • Said that she was so upset at the last meeting she ranted. • Said that they were never noticed about the Council meeting in August where this issue was first raised. Their first notification came on December 23, 2003. • Stated that they do not know how this issue came before Council and that this process is damaging the ability of the Brittons to sell their property. • Accused that someone is trying to stop the sale of this property. • Reminded that City representatives who visited the property in August told their agent that the property might be purchased for Hakone. • Stated that the notices sent are prejudiced regarding Hakone being next door to the property under consideration. • Declared that she does not want to have her property annexed into the City of Saratoga as the land has a better value under County jurisdiction. • Advised that this vote would have some adverse meaning to them. It would actually be damaging to be included in the Urban Service Area Boundary. It would be detrimental to the sellers of this property. • Expressed concerns that this process is reminiscent of Police Powers of the State and compared it to lands taken from her ancestors in Europe. • Thanked the Commission for its time. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 2. Commissioner Schallop asked staff whether the Commission's action on this matter is simply a non- binding recommendation to Council. Director Tom Sullivan replied correct. Commissioner Barry pointed out that the only thing on the table at this phase is the possibility of inclusion of these properties to the City of Saratoga's Urban Service Area Boundary. There is nothing under consideration regarding annexation and that the potential of annexation is not an automatic progression. Saratoga Planning Commission Minutes of January 28, 2004 Page 6 Director Tom Sullivan replied correct. • Commissioner Nagpal reminded that annexation would not be possible without 50 percent of the property owners agreeing to it. Director Tom Sullivan agreed but said that property owners and laws change all the time. Acting Chair Zutshi pointed out that Council would consider this item and these families could speak to the Council at that time. Director Tom Sullivan added that after Council takes action, the next process would be before LAFCO. LAFCO makes the final decision. Commissioner Barry pointed out that this designation would give the City a chance to have a seat at the table when the County discusses development of this property. This is valuable to the City. Said that she is concerned about hillside development and the amount of cement that is added to hillside properties. She would like to see the City able to comment. Commissioner Schallop pointed out that the City could actually choose to comment on development at any time. The only real difference is that the City will received public hearing meeting notices. Director Tom Sullivan said that the City receives the County Planning Commission agenda but has never received their Design Review agenda or their Grading Review agendas. Commissioner Nagpal asked if Hakone is automatically noticed. Director Tom Sullivan replied that the City would be notified as the property owners of Hakone Gardens. Again the City currently only gets the County Planning agendas and not the rest. Commissioner Barry pointed out that another important issue is the fact that the County is not in the business of design guidelines. The City is invested in the character of the neighborhoods and hillsides. Commissioner Schallop pointed out that people buy County properties for that reason, there are less stringent requirements. Commissioner Barry said that annexation is not being voted upon. The only benefit is the opportunity to comment on the future development of these two properties. There would be no control to stop development but just to register a comment on the proposed development. Commissioner Schallop reminded that that option exists right now. Commissioner Barry said not practically speaking. Commissioner Schallop said that the concern he has is the timing as some interest seems to be there for Hakone Gardens. Said he is not sure what the trigger is for this action. Director Tom Sullivan said that when the City realized the property was on the market it was also clear that potential development might of this property might be eminent. Saratoga Planning Commission Minutes of January 28, 2004 Page 7 Commissioner Barry reminded that the property has been on the market for two years. The City did not .just jump on this process immediately upon its being put on the market. Additionally, the County encourages this action. Said that despite how it might seem, there are no nefarious motives here. It seems pretty straightforward to have a design review voice. Commissioner Schallop said that the City could speak anyway. He added that it is not clear that annexation is coming next. Commissioner Nagpal: • Said that the possibility of annexation was of concern to her as well. However, she considers this process to be simply an issue of Urban Service Area Boundary in order to get design review opportunities. • Said that she does not agree that Hakone Garden is a strange link, it is a logical link. • Stated that the County's land use capabilities are at issue and that the City's Land Use Policy seems to indicate annexation. • Reminded that the annexation would require participation by the landowners and would not occur without agreement of a majority. • Advised that she is inclined to support the Urban Service Area Boundary adjustment. Commissioner Barry suggested that the sentence in the Resolution regarding possible annexation be removed. Director Tom Sullivan said this could be done. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Barry, the Planning Commission adopted a Resolution for Application #03-201, recommending that Council approved the proposed expansion of the City of Saratoga's Urban Service Area Boundary to include APN 503-48-29 and 503-48- 028 with the removal of text indicating the possibility of future annexation from said Resolution, by the following roll call vote: AYES: Barry, Nagpal, Schallop and Zutshi NOES: None ABSENT: Garakani, Hunter and Uhl ABSTAIN: None Director Tom Sullivan: • Restated that the Commission has taken action to adopt a Resolution recommending approval to Council with the stricken language that refers to possible future annexation. • Advised that this matter would now go on to Council for Public Hearing for which the property owners will be notified by mail of the hearing date. *~* PUBLIC H1F:ARING -ITEM N0.3 APPLICATION #03-267 (397-19-024) -MUELLER (Appellant), 19351 Athos Place: The City denied a tree removal permit for three Eucalyptus trees located at 19351 Athos Place. The property owner has Saratoga Planning Commission Minutes of January 28, 2004 Page 8 appealed the denial. The trees are located in the side yard, toward the front of the residence. • (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the City denied a Tree Removal Permit for three Eucalyptus trees located on the side yard along the left property line and fence. The property owner has appealed that denial. • Said that the City Arborist has since inspected the trees and found them to be in good to fair condition but in poor structural condition, which supports their removal. • Added that the adjacent neighbor has provided a letter in support of the removal of these three trees. • Recommended that the Commission conducts a public hearing and takes appropriate action. Commissioner Nagpal asked about the initial denial and asked if the lack of opinion on the economic enjoyment of the property is important. Director Tom Sullivan reported that the inspector thought this was not a relevant criteria in this situation. Commissioner Barry pointed out that the Arborist's report mentions the poor trimmings/cuts made on these trees. Director Tom Sullivan said that when such trees are topped, new sprouts become limbs that are weak and therefore can more easily fall off in weather and wind. Acting Chair Zutshi asked if these trees are a special species as had been implied during the site visit. Commissioner Nagpal reported that Chair Hunter had thought it might be an unusual species of Eucalyptus during the site visit. She asked if the Arborist believes that replacement with three trees is a sufficient mitigation for the removal of these three trees. Associate Planner Christy Oosterhous replied yes. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 3. Mr. John Nance, 19363 Athos Place, Saratoga: • Said he is the adjacent next door neighbor, to the north, and has lived here since 1968. • Reported that the Muellers are the fourth owners of the neighboring property. • Advised that these trees were planted in 1967 or 1968. • Said that he emailed his support of this request and was disappointed that the Tree Removal Permit was denied. • Asked if the Commission saw his email in which he outlined his reasons to support the removal. Commissioner Nagpal assured Mr. Nance that his email was included in the staff report packet. Mr. John Nance: • Stated that he still believes what he originally wrote. • Said that his main concern is fire hazard as these types of trees burn furiously almost immediately upon ignition. Saratoga Planning Commission Minutes of January 28, 2004 Page 9 • Said that he is fearful that if there were to be a fire these trees would present a large fire hazard. • Advised that over the last 35 years, he has cleared debris from these trees off his driveway, which runs along the property line, next to these trees. There is debris every season and he cannot put a car in the driveway for 20 minutes without finding drippings on the car. Oil from the trees stain cars and the driveway. • Added that the tree has resulted in cracks in his driveway. • Informed that he has inadvertently been the water source for these trees every time he hoses down his driveway to clean the debris. • Pointed out that there are many trees in this cul-de-sac and that these trees do not have any significant aesthetic value to the neighborhood. • Said he hopes the Commission will recommend approval for removal of these three trees as there will be no negative consequences by their removal. Acting Chair 7_utshi asked Mr. Nance if any branch has fallen on his property causing damage. Mr. John Nance replied once when the tree was being trimmed. However, smaller branches fall all the time. Commissioner Barry pointed out that there is no recommendation in the staff report as to where the replacement trees ought to go. Asked Mr. Nance if he has any suggestions. Mr. John Nancy said he hopes that there are no tall trees replaced along their shared property line. He added that his neighbor has a nice large property and he leaves placement of the replacement trees in their hands. Ms. Cindy Mueller, Appellant, 19351 Athos Place, Saratoga: • Expressed concern that these trees represent a major safety and liability concern. • Said that she has owned her home for three years and had the trees maintained by a tree company at a cost of $800 per year to trim and top each tree. However, she has learned that this regular trimming is actually hurting the structural integrity of the trees. • Added that there is no other way but to trim these trees. If not, they grow outward, over rooftops. • Informed that the Arborist has recommended trees but that there are not appropriate for this same location. • Advised that she would like to have time to review a landscape plan for appropriate location of the replacement trees as part of a planned extensive remodel of their home. • Said that there are lots of trees on the property, they are completely surrounded by trees. Commissioner Barry asked Ms. Mueller what time frame she would require to figure out the replacement location for the new trees. Ms. Cindy Mueller said she is not sure. They need to rebuild the fence, find an architect and go through the design review process with the City. This may take a year or more from what people tell her. Assured that the trees to be removed are not a rare species per the Arborist. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 3. Saratoga Planning Commission Minutes of January 28, 2004 Page 10 Commissioner Nagpal expressed support for flexibility in the replacement schedule and asked staff for a recommendation. Director Tom Sullivan said that staff generally tries for three months but that there is no hard and fast rule. If an extension is requested, it can be granted. Staff will keep a record and check back. Commissioner Nagpal said the most compelling reason to support removal is the Arborist report. Criteria No. 1 is met. Said that she is leaning toward supporting this Tree Removal Permit. Commissioner Schallop: • Said that this is the least controversial Tree appeal he has heard so far. • Said that he relies heavily upon the Arborist report and the Arborist feels that Criteria No. 1 has been met. • Stated that with replacement trees and flexibility on the City's part on the timing of the replanting, he can support granting this appeal to allow the removal of these trees. Commissioner Barry expressed her agreement and said that she appreciated the comments by Ms. Mueller that pruning contributed to the damage of these trees. Said that she is comfortable with the Planning Department tracking future replacement of these trees. Acting Chair Zutshi said that she had thought these trees looked nice originally but that the Arborist report influenced her position. Director Tom Sullivan pointed out that if a City inspector has a doubt, they are told to rule in favor of saving the tree. Motion: Upon motion of Commissioner Barry, seconded by Commissioner Nagpal, the Planning Commission granted an appeal (Application #03-267) to allow the removal of three Eucalyptus trees located at 19351 Athos Place, allowing the property owner some flexibility in the timing of planting replacement trees to coincide with a pending major residential remodel, by the following roll call vote: AYES: Barry, Nagpal, Schallop and Zutshi NOES: None ABSENT: Garakani, Hunter and Uhl ABSTAIN: None **~ PUBLIC HEARING -ITEM N0.4 APPLICATION #03-092 (397-19-024) - CHU, 19554 Three Oaks Way: Request Design Review Approval to add 1,504 square feet to the existing 3,169 square foot house with an existing 434 square foot garage for a total floor area of 5,107 square feet. The addition includes a new 1.007 square foot second story addition to the existing house. The gross lot size is 40,140 square feet and zoned R-1- 40,000. The maximum height of the residence will be approximately 23 feet. (JOHN LIVINGSTONE) Associate Planner John Livingstone presented the staff report as follows: Saratoga Planning Commission Minutes of January 28, 2004 Page 11 . • Advised that the applicant is seeking Design Review Approval to allow the addition of approximately 1,500 square feet to an existing 3,000 square foot house for a total of 5,000 square feet. One thousand square feet represents a second story addition. • Reported that the impervious surface of this property exceeds the maximum allowable. The owners will remove the existing driveway, about 5,000 square feet of impervious surface. • Described building materials to include redwood board and batten siding, stone veneer base at the front facade and a brown roof of weathered composition shingle. • Explained that the proposal meets Design Review guideline policies that include integration with the environment, planting of new trees, protection of the privacy of adjacent neighbors, no view impacts and no trees to be removed. • Advised that 15 15-gallon oaks will be planted as well as six 24-inch box trees. • Stated that no negative correspondence has been received and that the neighbors have been shown the plans. • Recommended approval. Commissioner Barry asked what the lot coverage would be. Associate Planner John Livingstone replied 42 percent of net. The existing coverage is 57 percent. Staff is supporting the proposal with the reduction of impervious surface from 57 to 42 percent. Commissioner Nagpal asked if this percentage still does not meet Code standards. Associate Planner John Livingstone replied correct. However, these are existing conditions that the applicant is reducing. Commissioner Barry asked if anything else could be made pervious. Director Tom Sullivan said that the new driveway is interlocking pavers. Commissioner Barry asked for clarification about existing conditions. Associate Planner John Livingstone said that the lot currently has 57 percent lot coverage. The applicant is removing approximately 5,000 square feet of this coverage. While 35 percent coverage was the goal, the applicant inadvertently based their percentages on gross instead of net. Staff is supportive since the applicant in theory could just leave it as is since it is an existing condition. Commissioner Barry asked for clarification that some of the new square footage is on the first floor. Associate Planner John Livingstone replied yes, about 500 square feet. The remaining 1,000 square feet is a second floor. Commissioner Nagpal asked for clarification that the applicant does not have to meet lot coverage standards with such a remodel. Associate Planner John Livingstone said not if it is an existing situation. It is considered to be a legal • non-conforming situation that is not being made worse. Commissioner Nagpal said that the lot coverage is actually improving from 57 to 42 percent. Saratoga Planning Commission Minutes of January 28, 2004 Page 12 Director Tom Sullivan added that it cannot be allowed to get worse per Code. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 4. Mr.. Mark Robinson, Project Architect: • Said he was available for any questions. • Said they have tried to do whatever possible regarding excess paving. • Pointed out that most of the addition is second story with a small first floor addition at the back of the house. Commissioner Zutshi asked whether pavers could be incorporated around the pool. Mr. Mark Robinson said that planned material is flagstone. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 4. Commissioner Barry said that understanding the issues, she is fine with the proposal. The design is articulated and interesting. She will support it. Commissioner Nagpal supported the comments of Commissioner Barry. Commissioner Schallop did also. Acting Chair Zutshi said that the applicant has done a wonderful job. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Schallop, the Planning Commission granted Design Review Approval (Application #03-092) to add 1,504 square feet to an existing 3,169 square foot home on property located at 19554 Three Oaks Way~by the following roll call vote: AYES: Barry, Nagpal, Schallop and Zutshi NOES: None ABSENT: Garakani, Hunter and Uhl ABSTAIN: None ~** DIRECTOR'S ITEMS There were no Director's Items. COMMISSION ITEMS Commissioner Nagpal reported that Phyllis from the Heritage Commission is seeking volunteers for the Mustard Walk. . COMMUNICATIONS Saratoga Planning Commission Minutes of January 28, 2004 Page 13 There were no Communications Items. AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Barry, seconded by Commissioner Nagpal, Acting Chair Zutshi adjourned the meeting at 8:15 p.m. to the next Regular Planning Commission meeting of February 11, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk G' MINUTES SARATOGA PLANNING COMMISSION ~/' DATE: Wednesday, February 25, 2004 U PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Hunter called the meeting to order at 7:02 p.m. ROLL CALL Present: Commissioners Hunter, Gazakani, Nagpal, Schallop and Zutshi Absent: Commissioners Barry and Uhl Staff: Director Tom Sullivan. Associate Planner Christy Oosterhous and Assistant Planner Ann Welsh PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES - Regulaz Meeting of January 28, 2004. i As there was not a quorum available of Commissioners present at the January 28, 2004, meeting, the adoption of the minutes for that meeting was deferred to the next regular meeting on March 10, 2004. APPROVAL OF MINUTES - Regulaz Meeting of February 11, 2004. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Garakani, the Planning Commission minutes of the regular meeting of February 11, 2004, were adopted as submitted with corrections to pages 3,4,6 and 8. (5-0-2; Commissioners Barry and Uhl were absent) ORAL COMMUNICATION There were no Oral Communications. REPORT OF POSTING AGENDA Director Tom Sullivan announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 19, 2004. REPORT OF APPEAL RIGHTS Chair Hunter announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15.90.050(b). Saratoga Planning Commission Minutes of February 25, 2004 Page 2 *** CONSENT CALENDAR There were no Consent Calendar Items. *** PUBLIC HEARING -ITEM NO.1 APPLICATION #03-269 (397-03-057) ASHJAY, 14403 Sobey Road: Request for design review approval to construct a ground floor addition of 303 square feet to an existing 5,346 square foot home. Pursuant to Municipal Code Section 15-45.060(6), design review approval is required because the proposal will result in a total floor area of all structures on the property of more than 6,000 square feet. The property is 55,989 square feet and is zoned R-1-40,000. (I.ATA VASUDEVAN) Assistant Planner Lata Vasudevan presented the staff report as follows: • Advised that the applicant is seeking design review approval to allow a 303 square foot addition that will match the existing Mediterranean architectural style with stucco and roof tiles to match. The maximum height would be 16 feet. • Explained that the applicant will be removing a tennis court, cabana and small shed and that there are current additions underway as approved at staff level. • Added that the current 303 square foot addition requires Planning Commission's design review approval as the gross floor area would exceed 6,000 square feet. • Said that no ordinance-protected trees are impacted and that conditions were imposed to protect existing trees during the removal of the tennis court, cabana and shed. Additionally, a final landscape plan must be submitted for approval by staff. • Advised that the existing property frontage and one sideyard streetside fencing and gates are in violation of Code as they exceed the allowable three-foot maximum heights. The existing frontage fencing ranges from four to six feet in height and there is also asix-foot high trellis structure located at the corner that also conflicts with Code. • Stated that a permit search found approval for athree-foot high masonry wall with five-foot pilasters from 1989. • Informed the Commission that no negative comments were received from adjacent neighbors. • Recommended that the Commission adopt a resolution approving Application #03-269 with the condition that existing fencing is brought into compliance with Code prior to final. Chair Hunter asked staff why the tennis court and cabana need to be taken out. Assistant Planner Lata Vasudevan replied that the allowable impervious coverage is exceeded if the tennis court, cabana and shed were to remain. Commissioner Garakani asked when staff approved the remodel currently underway. Assistant Planner Lata Vasudevan replied Fa112003. Commissioner Garakani asked why the fencing violation issue did not come up at that time. Saratoga Planning Commission Minutes of February 25, 2004 Page 3 Assistant Planner Lata Vasudevan explained that an administrative review is performed over the counter with no site visit. Rather, it is based upon presented plans. Chair Hunter added that this is especially the case for asingle-story home less than 6,000 square feet. Assistant Planner Lata Vasudevan added that there was no mention of any fencing on the application reviewed for the administrative approval. Commissioner Garakani asked if there has been a site visit since the administrative approval. Director Tom Sullivan replied that building inspectors have visited the site. He added that he has been told that previous interim staff may have approved the fencing without any substantiating documentation. Commissioner Nagpal asked whether there was an existing fence on this property prior to the 1989 permit. Assistant Planner Lata Vasudevan replied that she did not know. Commissioner Zutshi asked whether the applicant would be required to comply with the fencing requirements if tonight's request for the 303 square foot addition is approved but never constructed. • Director Tom Sullivan replied that code enforcement occurs on a complaint basis. To date, there has been no complaint. Chair Hunter asked for clarification that if no complaint is received this fencing can stay. Director Tom Sullivan replied yes. Chair Hunter opened the Public Hearing for Agenda Item No. 1. Mr. Mike, Representative for the Ashjays: • Said that he has a copy of the permit from 1989 that was for a concrete base with pillars. • Stated that they have complied with every requirement of the City regarding floor area. • Advised that the previous owner sold the house with these fences in place and told the Ashjays that all necessary permits had been obtained. • Pointed out that the neighbors like this fence and support its retention. Chair Hunter asked Mr. Mike how high the permit states the fence may be constructed. Mr. Mike replied that the permit does not state the height. Chair Hunter asked staff when the most recent Fence Ordinance was passed. Director Tom Sullivan replied 1987. Commissioner Nagpal asked when the new owners purchased this property. Saratoga Planning Commission Minutes of February 25, 2004 Page 4 Mr. Mike replied about 15 years ago. Commissioner Nagpal said that she recalls this house having a pretty high fence even before this one was installed. Commissioner Garakani pointed out that the decorative side and front are not stucco but wrought iron. Mr. Mike said that he raised the issue of the fence with all neighbors and none had problems with it. Chair Hunter pointed out that when a property owner comes to the City for any new permits, it comes to the attention of staff if fences are too tall and that three foot is the height allowed for property frontage fencing per Ordinance. Commissioner Nagpal asked if the Ashjays are willing to compromise. Mr. Mike said that they prefer to keep the fence as it is and would rather skip the 300-foot addition over removing or lowering this fence. Chair Hunter advised that they could have a taller fence if set back further on the property. Chair Hunter closed the Public Hearing for Agenda Item No. 1. • Commissioner Garakani: • Pointed out that there are similar height fences and walls on other properties. • Said that this is an existing condition over 15 years. • Stated that he has no objection to this fence or to the 300 square foot addition. Commissioner Zutshi said that she has no objection to the 300 square foot addition but does support staff on the issue of the fence height compliance. Commissioner Nagpal: • Said that she is concerned about the fence being in violation of Code requirements. • Said that by allowing this fence to remain, it sends the wrong message to other property owners. • Restated her memory of there being a fence of similar height on this property even prior to this current fence. • Pointed out that the neighbors are comfortable with this fence and that no one has expressed concern. • Stated that she is not excited about the aesthetic look of this fence. • Supported staff's recommendation to bring the fence into compliance. Commissioner Schallop asked how far the setback would be to allow the fence at this height. Director Tom Sullivan replied to the setback line. Assistant Planner Lata Vasudevan added that the setback is 30 feet on Sobey and 25 feet on the side street. Saratoga Planning Commission Minutes of February 25, 2004 Page 5 Commissioner Schallop: • • Said that he does not see a reason to allow an exception. • Added that Code does not read that fence height exceptions are allowed "if neighbors say it is okay." • Said that the fence issue must be addressed and that he is comfortable with staff's recommendation. Chair Hunter asked if there is a statute of limitations. Director Tom Sullivan replied prior to 1987. Chair Hunter restated that if a fence were installed after 1987, it must be in compliance with current Code. Commissioner Garakani asked when it might be considered anon-conforming structure. Director Tom Sullivan clarified that this is not a structure but a fence. Chair Hunter asked what if a fence were built prior to 1987. Director Tom Sullivan replied that then nothing could be done. Chair Hunter: • Pointed out that the Commission has made people take down walls and fences they were too high. • Said that the issue of fencing height becomes an issue during the design review process for new permits. • Said that what is there exceeds what is allowed and that whoever built it went higher than they should have. • Supported staff's recommendation. Director Tom Sullivan explained that the applicant could elect to appeal the action of the Commission to Council. Commissioner Nagpal asked if there is existing language in the draft resolution concerning the fence. Assistant Planner Lata Vasudevan pointed out Condition #1. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Zutshi, the Planning Commission adopted a Resolution for Application #03-267 to allow a 303 square foot addition to an existing residence at 14403 Sobey Road, by the following roll call vote: AYES: Hunter, Nagpal, Schallop and Zutshi NOES: Garakani ABSENT: Barry and Uhl ABSTAIN: None Chair Hunter reminded that this action could be appealed within 15 days. Saratoga Planning Commission Minutes of February 25, 2004 Page 6 Commissioner Garakani explained that his no vote is simply because he does not support the Condition of Approval imposed to bring the existing fence into compliance with current Code. • Director Tom Sullivan pointed out that the Design Review Section updated the thresholds for when projects need building permits, administrative review or Planning Commission review. Mr. Mike asked whether they would still have to correct the fence if they give up on the 300 square foot addition. Chair Hunter replied no, not unless a complaint against this fence is received by the City. Mr. Mike said that it does not make a lot of sense since they obtained letters of support from the surrounding neighbors. Chair Hunter said that these letters indicated that no one from the neighborhood is likely to complain against the fence. She reiterated the possibility to appeal this action to the City Council. *** PUBLIC HEARING.- ITEM N0.2 APPLICATION #03-273 (503-27-036) ESTAHBANATY, 14241 Paul Avenue: Request for design review approval to demolish the existing home and construct a 2,876 square foot two-story residence with a maximum height of 24 feet. The property is 7,500 square feet and is zoned R-1-10,000. (CHRISTY OOSTERHOUS) Associate Planner Christy Oosterhous presented the staff report as follows: • Advised that the applicant is seeking approval to demolish an existing home and construct a new 2,876 square foot two-story home. • Described the proposed home as having a maximum height of 24 feet and using gray roof tiles and beige stucco finish. • Stated that the neighborhood consists of a mixture of architectural styles. • Added that the homes in this neighborhood are close together. • Advised that the applicant has showed his plans to the neighbors and that only positive comments have been received. • Said that screening trees would be installed to mitigate privacy impacts and existing trees on the site will be retained. • Stated that the project can meet the necessary design review findings for approval. • Recommended approval. Chair Hunter opened the Public Hearing for Agenda Item No. 2. Mr. Mohammad Estahbanaty, Applicant and Owner, 14250 Elva Avenue, Saratoga: • Informed that the previous tenants had lived on the site for 28 years and little had been done to this property over the years. • Advised that everyone in the neighborhood is happy to see a new home constructed. • Assured that additional trees would be planted for privacy. Saratoga Planning Commission Minutes of February 25, 2004 Page 7 Commissioner Nagpal said that there were nice comments received by the neighbors. Mr. Mohammad Estahbanaty said that the neighbors are very excited. Chair Hunter closed the Public Hearing for Agenda Item No. 2. Commissioner Nagpal expressed appreciation for the opportunity to visit the other house on Elva that was constructed by Mr. Mohammad Estahbanaty. Commissioner Garakani said that this will be an improvement to the neighborhood and represents an excellent design for the lot. Commissioner Nagpal agreed that for this lot this is the only way to go and that this new home would be replacing an eyesore. Chair Hunter said that this home would be great and its addition would be very exciting for this street. Motion: Upon motion of Commissioner Garakani, seconded by Commissioner Nagpal, the Planning Commission adopted a Resolution for Application #03-273 to allow the demolition of an existing home and construction of a new 2,876 square foot two- story residence on property located at 14241 Paul Avenue, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Schallop and Zutshi NOES: None ABSENT: Barry and Uhl ABSTAIN: None *** PUBLIC HEARING -ITEM N0.3 APPLICATION #04-002 - Rezoning_Various Parcels for General Plan Consistency (517-22-004, 517 20-016 517-20-021 517-19-082 517-19-083, 517-19-084, 517-19-085, 517-18-018, 517-12-020, 517- 12-022 517-12-021) Various Owners: 20152, 20161 Hill Avenue, 20170 Bonnie Brae, 28010, 28020 28021 28011 Audrey Smith Lane; 14931 Vickery Avenue, 20500, 20550, 20568 Lomita Avenue: A Zoning Ordinance amendment is proposed to maintain consistency between the General Plan and the Zoning Ordinance. The above referenced pazcels are designated as RLD (Residential Low Density), 2.18 dwelling units per acre in the General Plan. These parcels aze currently zoned R-1- 40,000, which requires a minimum lot size of 40,000 square feet. The RDL designation in the General Plan dictates a minimum lot size of 20,000 square feet. Rezoning these parcels to R-1-20,000 will restore consistency with the General Plan. Information regarding the proposed rezoning is available at the Community Development Department at 13777 Fruitvale Avenue. (ANN WELSH) Chair Hunter recused herself and stepped down. Vice Chair Zutshi assumed the gavel to serve as Chair for Item No. 3. Assistant Planner Ann Welsh presented the staff report as follows: Saratoga Planning Commission Minutes of February 25, 2004 Page 8 • Advised that staff is recommending the rezoning of 11 parcels from R-1-40,000 to R-1-20,000 in order to maintain consistency between the General Plan and Zoning. • Described the parcels as ranging from between 23,000 square feet to 74,000 square feet and located on Hill Avenue, Bonnie Brae, Audrey Smith Lane, Vickery Avenue and Lomita Avenue. • Stated that the impact on these properties would be minimal and only one parcel is significantly impacted, the 74,000 square foot parcel on Hill Avenue. • Stated that this Zone Change would allow subdivisions into 20,000 square foot lots if no environmental restrictions exist. • Added that this action is proposed just to maintain consistency, which is required under State law. • Said that the General Plan is mandated to be the guiding document and that staff is proposing rezoning as the means of addressing the inconsistencies between the General Plan and Zoning for these 11 parcels. Commissioner Nagpal thanked staff for driving the Commissioners around in order to see all of the lots. Asked for clarification that any subdivision would be required to meet all requirements. Assistant Planner Ann Welsh replied correct. Commissioner Nagpal asked if every neighbor to each of the 11 parcels impacted had been noticed. Assistant Planner Ann Welsh said that a very thorough mailing occurred and that she personally had checked the mailing lists and maps. Approximately 150 people were notified of this hearing. Staff made the best effort. Commissioner Nagpal asked staff if any written comments were received. Assistant Planner Ann Welsh replied that she received questions over the phone and at the counter but had received no written petitions or letters. Acting Chair Zutshi asked what types of concerns were raised over the phone and at the counter. Assistant Planner Ann Welsh said that some who called or stopped by the office were actually impacted property owners who wondered if their property development prospects would be limited by this change. Other adjacent property owners were concerned as to whether their neighbors' property could be subdivided as a result of this Zone Change. Others simply asked why this proposed change was even coming about. Acting Chair Zutshi asked staff to explain how this discrepancy came to the attention of staff. Assistant Planner Ann Welsh: • Reported that one property owner was at City Hall to question what he could do with his family's property. At that time staff realized that the zoning was R-1-40,000 while the General Plan Land Use Map said that the property could be developed at two units per gross acre, which is consistent with R-1-20,000 zoning. • Explained that the City Attorney advised staff that the Zoning should be amended in order to match the General Plan. These are apparently map problems that were never caught. Saratoga Planning Commission Minutes of February 25, 2004 Page 9 Commissioner Nagpal asked how it would be addressed if existing homes are larger than would be allowed under the R-1-20,000 zoning. Assistant Planner Ann Welsh advised that Audrey Smith Lane parcels would lose some allowable square footage but that many of the properties have slope and creek issues, which already reduce allowable square footage. Director Tom Sullivan added that if an existing home is larger than would be allowed under the R-1- 20,000 zoning, that home would be considered to be legal non-conforming. Acting Chair Zutshi clarified that nothing would happen to these existing homes. Director Tom Sullivan replied correct. Commissioner Garakani asked what if someone wants to add square footage. Director Tom Sullivan advised that they would have to meet current square footage standards. Acting Chair Zutshi opened the Public Hearing for Agenda Item No. 3. Mr. Robert Zager, 20292 Calle Montalvo, Saratoga: • Stated that people have invested in homes that were consistent with zoning. • Added that if these properties are to be rezoned and possibly subdivided, this would increase housing density and also affect forestation. • Suggested that the right answer to these existing inconsistencies would be to conform the General Plan Land Use designations for these properties to the current zoning rather than changing the zoning to conform to the General Plan. Commissioner Garakani asked staff if this option is possible. Director Tom Sullivan replied that this is not the action prescribed by State law. The General Plan reflects a broader brush than individual lots. Amendments would require reviewing the entire Land Use Element. Changing the zoning is the best way to cure the problem of inconsistencies between General Plan and Zoning for these 11 lots. Mr. Matthew A. Crosby, 20308 Calle Montalvo, Saratoga: • Advised that he is against the proposal to rezone the properties on Audrey Smith Lane. • Pointed out that Audrey Smith Lane was developed recently. • Added that at the time the proposed development was discussed, property owners on Calle Montalvo were concerned about density. In negotiations with the developers of Audrey Smith Lane, it was agreed that these would be one-acre parcels. Changing that now ignores the history of that development. Development on Audrey Smith Lane went through with one-acre lots not half- acre lots. • Stated that this is a unique perspective to this particular issue. • Suggested that the Planning Department take Audrey Smith Lane out of consideration for this Zone Change since these homes are already developed with approximately $4 million homes, which are not likely to be demolished and rebuilt with two homes. However, the neighbors don't event want that prospect to exist. Saratoga Planning Commission Minutes of February 25, 2004 Page 10 Commissioner Nagpal asked Mr. Crosby how large the lots are on Calle Montalvo. Mr. Matthew A. Crosby replied they are one-half-acre lots. Ms. Cheriel Jensen, 13737 Quito Road, Saratoga: • Stated that density changes impact flood conditions that create concerns where there were none before. • Asked about the potential tax impacts with the Zone Change. Director Tom Sullivan replied that there is no tax implication unless something new is built or the property subdivided. Ms. Cheriel Jensen: • Suggested that if these properties were to be rezoned, the environmental review should go at the beginning. • Said that conformance with the General Plan has nothing to do with just numbers. Other elements are also impacted. • Pointed out that development of cul-de-sacs used to be limited to just five homes. This standard is important in the hillsides. • Added that zoning is more specific because of slope. • Reminded that an Initiative was passed for the Western Hills that resulted in the rezoning of the whole thing. The group that supported that action had thought that existing zoning was sufficient to handle the issues of the Southern Hills. • Said that she visited and reviewed the 11 properties proposed to be rezoned here. • Pointed that faults lace throughout the area. • Stated that the area was zoned for one-acre lots to avoid landslides. • Said that she would like to see this process die as it is not advisable. • Declared that she does not want to add density to this area. Acting Chair Zutshi asked Ms. Cheriel Jensen if she has any documentation. Ms. Cheriel Jensen said that these actions occurred in the early 1960s. Mr. Vince Borelli, 20200 Hill Avenue, Saratoga: • Pointed out that he was here two weeks ago. • Said that he lives next door to 20152 Hill Avenue, which is proposed for a Zone Change. • Advised that he has never received a single notice of this pending action. • Added that rezoning has the potential of adding traffic to the area. • Expressed his opposition to the rezoning, saying it is not the right thing to do and is not in the spirit of Saratoga. Commissioner Garakani asked Mr. Vince Borelli for his suggestion on what else can be done to correct this situation. Mr. Vince Borelli suggested that impact studies should occur. Voting on this issue tonight is just wrong. Saratoga Planning Commission Minutes of February 25, 2004 Page 11 Director Tom Sullivan pointed out that any action by the Commission is advisory to Council. Ms. Rosemary Albreck, 20190 Winn Road, Saratoga: • Said that she is against this action and wrote a letter to that fact. • Stated that this proposal was a surprise to them. Director Tom Sullivan advised that current staff is not sure when this error occurred and could go as far back as the 1960s. Ms. Rosemary Albreck asked why no one was notified. Director Tom Sullivan said he cannot answer as he was not with the City at that time. Mr. Gary Smith, 20152 Hill Avenue, Saratoga: • Thanked the Commission for its efforts. • Said that he has a Title Company document from 1957 and came to the City in June 2003. • Stated that all he knew was that his parents were aware their property could be subdivided. • Added that he is not sure if he will stay on this property much longer and that he has a high motive in getting the right to subdivide. • Said that their property has been surveyed. • Pointed out that if this property were to be subdivided laterally, from the road no one would see the . second lot. Additionally there is complete access from both sides. • Added that the creek is several lots away from his lot. • Said that he has lived on the property since 1976 and shares the spirit of Saratoga and has been a member of the Chamber of Commerce since 1996. Mr. Vincent Borelli said that drainage is an issue as there are no storm sewers in the area. Water ends up on the road. Every lot must have drainage. Acting Chair Zutshi closed the Public Hearing for Agenda Item No. 3. Commissioner Nagpal said that while it sounds like State law mandates consistency between the General Plan and Zoning, she is against rezoning these 11 properties to R-1-20,000 in principle. Suggested a change to the General Plan instead. Director Tom Sullivan replied that such action cannot be taken tonight. If a majority of the Commission supports that alternative, such a review of the General Plan would have to be on a broader base than these 11 lots. Commissioner Nagpal said that there have been a lot of concerns and impacts raised this evening. Asked staff how many of these 11 parcels could possibly be subdivided as a result of this Zone Change. Acting Chair Zutshi asked if the Commission has to support the change for all 11 lots. Director Tom Sullivan replied that they could forward their recommendation on a site by site basis. Saratoga Planning Commission Minutes of February 25, 2004 Page 12 Acting Chair Zutshi stated that the Audrey Smith Lane lots were divided in a consistent manner and are fine as is without changing the zoning to R-1-20,000. • Commissioner Nagpal: • Said that there appears to be a consensus about Audrey Smith Lane. Said that she was okay with the Zone Change for Lomita and Vickery Avenues. Added that for the rest, she is leaning toward evaluating more closely regarding possible subdivision or pursing possible General Plan changes. Director Tom Sullivan pointed out that individual parcel analysis requires engineering data that is not currently available. Such data is generally generated at the owner's cost when a property is proposed for development. Stated that he would prefer that the Commission forward a recommendation of approval or denial for these Zone Changes. Acting Chair Zutshi pointed out that since the Audrey Smith Lane properties are newer, the data may be available. Assistant Planner Ann Welsh said that said information may be on microfiche. Commissioner Garakani said that such data should be looked at in order to make a sound decision. Commissioner Schallop: • Reminded that State law requires consistency between the General Plan and Zoning. • Agreed that people buy property based upon zoning. • Expressed concern that amending the zoning now might be a taking for some. • Suggested that this may be a case of the tail wagging the dog with this problem. • Proposed sending this issue on to Council asking them to consider a General Plan Amendment rather than upsetting the current owners with a Zone Change. Motion: Upon motion of Commissioner Schallop, seconded by Commissioner Garakani, the Planning Commission adopted a Resolution for Application #04-002 recommending that Council not take action to rezone 11 parcels but rather recommending that the City review the Land Use Map of the General Plan to achieve consistency, leaving the existing zoning as it is, by the following roll call vote: AYES: Garakani, Nagpal, Schallop and Zutshi NOES: None ABSENT: Barry and Uhl ABSTAIN: Hunter Chair Hunter returned to the dais and resumed the gavel. *** PUBLIC HEARING -ITEM N0.4 APPLICATION #03-183 (CITYWIDE) ZONING ORDINANCE AMENDMENT REGARDING • MIXED-USE DEVELOPMENT: The proposed Zoning Ordinance Amendment establishes development standards for mixed-use developments in the Commercial and office zones of the City of Saratoga Planning Commission Minutes of February 25, 2004 Page 13 Saratoga. A mixed-use development is one that has commercial or office along the street frontage and residential uses in the rear or on a second floor. This proposed amendment implements Program 1.2 of the Saratoga Housing Element of the General Plan. (THOMAS SULLIVAN) Director Tom Sullivan presented the staff report as follows: • Advised that in an on-going effort to implement the Housing Element, this Zoning Ordinance Amendment would establish amixed-use zoning district. • Explained that 50 units are proposed in the Housing Element over aseven-year period in the form of mixed-use residential units located over office/commercial uses. • Advised that currently all commercial zones allow multi-family residential as a permitted use. • Added that with this proposal, a maximum of 50 percent of the building area could be developed with housing, with the remaining 50 percent required to be developed with office or commercial uses. • Said that he does not envision this ever being a big deal but added that about two-thirds of the City's commercial zoned properties have been eaten up by with residential development. • Stated that the maximum residential densities would be 20 units per net acre. One acre would consist of half housing/half commerciaUoffices. • Said that there is a provision in the Housing Element and this proposed element that allows coverage and FAR to be increased with the inclusion of BMR units. • Said that individual units are limited between 850 square feet for aone-bedroom apartment and 1,250 square feet for athree-bedroom apartment. This restriction is to keep rents affordable. • Recounted that when the State's representative visited Saratoga during the Housing Element Update process, all the condominium units shown were selling in the $1 million range. • • Said that through the Design Review and Use Permit process the Commission would be able to grant a boast. • Advised that the proposals would have to adhere to residential design guidelines. One requirement is that all unit share private useable open space. • Added that the proposed mixed-use district identifies and recognizes that mixed uses must protect privacy of adjacent residential uses. Commissioner Garakani sought clarification that the 10-unit maximum does not include commercial spaces. Director Tom Sullivan replied that there would be stores in front at street level and residential units in the back or on top. He added that it is not going to be easy to develop these apartments. They will have to carefully design both the commercial space and apartments. Chair Hunter asked if mixed-use would be encouraged by staff if Downtown redevelopment projects were proposed. Director Tom Sullivan said that what is recommended for Downtown is stores at the sidewalk, participation in the parking assessment and as rich a sales tax generating use as is possible. Commissioner Nagpal asked if the residential components are only to be rental units. Director Tom Sullivan said that the business owner could live there. Saratoga Planning Commission Minutes of February 25, 2004 Page 14 Chair Hunter opened the Public Hearing for Agenda Item No. 4. Chair Hunter closed the Public Hearing for Agenda Item No. 4. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Garakani, the Planning Commission adopted a Resolution for Application #03-183 recommending that Council adopt a Zoning Ordinance Amendment establishing development standards for mixed-use developments in the Commercial and office zones of the City of Saratoga to implement Program 1.2 of the Saratoga Housing Element of the General Plan, by the following roll call vote: AYES: Garakani, Hunter, Nagpal, Schallop and Zutshi NOES: None ABSENT: Barry and Uhl ABSTAIN: None *** DIRECTOR'S ITEMS • Director Tom Sullivan: • Reminded the Commissioners of the League of California Cities Planners Institute beginning on March 31S`. He asked the Commissioners to submit any conference expense receipts for reimbursement. • Announced that the meeting of March 24, 2004, would be cancelled. • Reminded the Commission of the March 17`~ meeting with Council. COMMISSION ITEMS Chair Hunter advised that she attended the County's Heritage Preservation meeting from whom the City is seeking a $500,000 grant. She also attended the Business Development Group's meeting. COMMUNICATIONS Proposed Winery at 19265 Monte Vista Drive Director Tom Sullivan advised out that the property owner of 19265 Monte Vista Drive is seeking a license to sell their wines. This request does not quite meet Ordinance Requirements and staff is asking for the Planning Commission's guidance. Commissioner Zutshi asked where this winery is located. Director Tom Sullivan replied that it is located on Monte Vista Drive on a relatively flat piece of property. The equipment is already there and these owners have been making wine as a hobby for a long time. Commissioner Schallop asked what is changing. Saratoga Planning Commission Minutes of February 25, 2004 Page 15 Director Tom Sullivan replied that ABC (Alcohol Beverage Control) has a variety of permits ranging from amateur to a commercial use where selling of wine can occur. The owners want to turn this hobby winery into a retail winery with off-site sales. He added that a Use Permit is one avenue. The Commissioners all agreed that a Use Permit is the best way to evaluate this proposal. 14651 Big Basin Way Director Tom Sullivan pointed out Associate Planner Christy Oosterhous' memo updating the Commission on the project at 14651 Big Basin Way. This is now a smaller project. Council Minutes The City Council minutes from Special Meetings on January 24, 2004. Swenson Project Commissioner Schallop asked staff for an update. Director Tom Sullivan advised that the hiring of an EIR Consultant must be authorized by Council. Thereafter scoped public meetings will be held. He added that the project would go to the people for a vote as Council does not have the authority to increase density per Measure G. Corinthian House Chair Hunter mentioned hearing that the Corinthian House would be taken over and redeveloped. Director Tom Sullivan advised that escrow closes tomorrow (February 26, 2004). AD TOURNMENT TO NEXT MEETING Upon motion of Commissioner Zutshi, seconded by Commissioner Garakani, Chair Hunter adjourned the meeting at 8:58 p.m. to the next Regular Planning Commission meeting of March 10, 2004, at 7:00 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk • • • • ITEM 1 C7 • • REPORT TO THE PLANNING COMMISSION Applicant No./Location: Type of Application: Applicant/Owner: Staff Planner: Date: APN: UP 03-278; 14000 Fruitvale Avenue (West Valley College) Use Permit Verizon Christy Oosterhous, Associate Planner March 10, 2004 397-15-018, 397-14-022, 397-13-030 Department Head.~._ 14000 Fruitvale Avenue (West Valley College) 0000~~ EXECUTIVE SUMMARY CASE HISTORY Application Filed: Application Complete: Public Hearing Conducted: PROJECT DESCRIPTION 12/18/03 02/08/04 03/10/04 The applicant requests use permit approval to install 12 panel antennas, two GPS antennas, and related equipment at the theater building located on the West Valley College campus. The application includes removing 16 Metricom panel antennas and equipment. The college campus is located within an R-1-40,000 zoning district. Several wireless carriers are located at this site. STAFF RECOMMENDATION Approve the Use Permit application with conditions by adopting the attached Resolution. ATTACHMENTS 1. Resolution of Approval. 2. Photosimulations. 3. Coverage Map 4. Plans, Exhibit "A." • • • 000002 Application No. 03-278, 14000 Fruitvale Avenue, West Palley College STAFF ANALYSIS ZONING: R-1-40,000 GENERAL PLAN: Residential-Very Low Density MEASURE G: Not applicable PARCEL SIZE: Approximately 23 acres. AVERAGE SITE SLOPE: Not applicable GRADING REQUIRED: None MATERIALS AND COLORS PROPOSED: All equipment will be painted to match the existing equipment and theater building. ENVIRONMENTAL DETERMINATION: The proposed project which includes installation of equipment cabinets and panel antennas is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to new construction of limited small new facilities; installation of small, new equipment and facilities in small structures. • OOU003 Application No. 03-278, 14000 Fruitvale Avenue, West Valley College PROJECT DISCUSSION The applicant requests use permit approval for the installation of 12 panel antennas and two GPS antennas to be located on the roof of the West Valley College theater building. Prefabricated fiberglass equipment cabinets will be located on a concrete pad. The cabinets will be placed on the ground at the northeast corner of the theater building. All equipment will be painted to match the building and other carriers' equipment. The application includes removing 16 Metricom panel antennas and equipment. GPS Antennas The two GPS antennas are to be mounted on the inside of the building's parapet. The building parapet will shield most of the two GPS antennas from view. Approximately one and a half feet of the GPS antennas will protrude over top of the parapet (Exhibit A, sheet T-2 detail 5). Panel Antennas A total of 12 panel antennas are proposed to be mounted on the exterior of the building at roof level (90 feet). The dimension of each antenna is approximately 4.25 feet in length, 1.33 feet in width, and 0.29 feet in depth. Four antennas are to be located on three of the building's elevations. Equipment Cabinets and Pad The prefabricated fiberglass equipment cabinets are to be located on a concrete pad measuring 12 feet by 25 feet by 10 feet tall. The existing and proposed equipment cabinets are located at the rear of the building and are not located in a prominate viewshed comdor for the residents and/or the students. The applicant has provided existing and proposed photosimulations of each building elevation and the equipment cabinets to provide clarity. The theater building is almost 90 ft in height. It accommodates several other wireless facilities. Surrounding land uses include City Hall, the post office, Redwood Middle School, and single-family residences. As you may know, under the Telecommunications Act of 1996, the FCC has exclusive jurisdiction over RF emissions from personal wireless antenna facilities. Pursuant to its authority under federal law, the FCC has established rules to regulate the safety of emissions from these facilities. The applicant has provided a cumulative RF exposure report which evaluates both the proposed and existing wireless facilities. The report concludes that the RF energy is well below the Maximum Permissible Exposure limit established by the FCC. • 0~0~~~ Application No. 03-278, 14000 Fruitvale Avenue, West Palley College Use Permit Findings The proposed project supports the findings for use permit approval; therefore, staff recommends the planning commission approve of the proposed project based on the following findings: • That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the aesthetic impact of the facility will be less than significant. • That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. • That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the building and the other equipment. Conclusion The project satisfies all of the findings required within Section 15-55.070 of the City Code. The antennas and associated equipment are not expected to be detrimental to the public health, safety or welfare nor are they expected to be materially injurious to properties or improvements in the vicinity. The proposal further satisfies all other zoning regulations applicable to antenna facilities. STAFF RECOMMENDATION: Staff recommends the Planning Commission conditionally approve use permit application number 03-278 by adopting the attached resolution of approval. • 0~0~~5 • Attachment 1 r~ `,...J 000006 RESOLUTION NO. Application No. 03-278 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Verizon; 14000 Fruitvale Avenue (West Valley College) WHEREAS, the City of Saratoga Planning Commission has received an application for Use Permit approval for the installation of 12 panel antennas, and two Global Positioning System (GPS) antennas on the roof of the West Valley College theater building; and prefabricated fiberglass equipment cabinets located on the ground behind the building; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the project, which includes the installation of panel antennas and equipment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15303 of the Guidelines for the Implementation of CEQA. This Class 3 exemption applies to installation of small new equipment and facilities; and WHEREAS, the a licant has met the burden of proof required to support said PP application for use permit approval, and the following findings specified in Municipal Code Section 15-55.070: a) That the proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located in that it is a conditionally permitted use that is visually unobtrusive and that the aesthetic impact of the facility will be less than significant. b) That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because the facility will be operated under the restrictions imposed by the FCC to insure safety with respect to limiting human exposure to radio frequency energy. c) That the proposed conditional use will comply with each of the applicable provisions of this chapter in that the location, height, size and use proposed is conditionally permitted in this zoning district. The site already accommodates several other antenna facilities and the new fixtures will be painted to match the building and the other equipment. ~~0®~~ NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, architectural drawings, plans and other exhibits submitted in connection with this matter, application number 03-278 for Use Permit approval be and the same is hereby granted subject to the following conditions: 1. The proposed antennas shall be located and constructed as shown on Exhibit "A", incorporated by reference. 2. The antennas and all associated equipment shall painted to match the either the building or the existing equipment (whichever is closer). 3. Within 30 days of cessation of the operation of the antennas, the applicant shall remove all equipment. 4. Four (4) sets of complete construction plans incorporating this Resolution as a separate plan page shall be submitted to the Buliding Deparment for Building permits. 5. The Planning Commission shall retain continuing jurisdiction over the Use Permit and may, at any time modify, delete or impose any new conditions of the permit to preserve the public health, safety and welfare. 6. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. Section 2. Construction must be commenced within 24 months or approval will expire. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 10`h day of March 2004 by the following roll call vote: AYES: NOES: ~~ ~J ~Od~~B ABSENT: ABSTAIN: Chair, Planning Commission ATTEST: Secretary, Planning Commission This permit is hereby accepted upon the express terms and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby aclrnowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. Property Owner or Authorized Agent Date • 000009 ~~ L.J Map of Existing and Proposed Coverage for all Antennas in Saratoga Coverage Mau Legend: Red -solid in building coverage Yellow -marginal in building coverage Green -good outdoor coverage Blue -good outdoor coverage Purple -marginal outdoor coverage Light Pink -weak signal • • • • ~/t~ta Sr~t J ~'~~~ View looking southwest at site View looking east at site J J J v LL J. 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Chair Halgren provided ayear-end report highlighting the Arts Commission's accomplishments and future projects. Chair Halgren stated that on Friday the Commission would start reviewing the 30 applications from artists who are interesting in displaying their art on the Art Wall in the Saratoga Library. The Art Wall would change bi-monthly. Chair Halgren stated that the Art Wall would feature an individual artist or in some cases a group of artists. The Art Wall would also feature different medians, special events, and local artist or high school students. Chair Halgren noted future projects might include a "Mascot" fundraiser (ex. City of San Jose auctioned sharks and the Town of Los Gatos auctioned cats) and continued efforts in the selection of art for the Gateway Project. Council direction to the Arts Commission is to continue working with Director Cherbone on the Gateway Project. Councilmember Kline asked what events and or projects take most of their time. Chair Halgren responded that in 2003 the Commission focused on Art in the Park and the opening of the Saratoga Library. A discussion took place amongst the Council in regards to Art in the Park. The City Council supports the event but feels that the Arts Commission should find another organization to sponsor the event -non-profit organizations tend to attract other sponsors. The Friends of the Saratoga Library was suggested as a sponsor. Mayor Waltonsmith thanked Arts Commission for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference with Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference with Legal Counsel -Existing Liti atg ion: (Government Code section 54956.9(a)) Name of case: Jackson v. Saratoga Union High School District (No. CV803595) Conference with Legal Counsel -Initiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Joan Pisani, Recreation Director Employee organization: SMO MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 4, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 4, 2004 was properly posted on January 30, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS John Linger noted that he was present tonight representing the Saratoga Drama Group and West Valley Light Opera. Mr. Linger stated that it has come to their attention that the City has started installing a fire alarm system in the theater without consulting with either group on design issues. Mr. Linger requested that the work be stopped until some of their recommendations could be implemented. 2 City Manager Anderson responded that the work has been stopped and a meeting has been scheduled for 10:30 a.m. on February 5, 200; all parties involved are invited. John Hirokawa, Santa Clara County Sheriff Department, briefed the City Council on the recent events that took place at Saratoga High School. Captain Hirokawa stated that on the evening of January 16`h the student was arrested. Captain Hirokawa explained that the Sheriff's Department evaluated the situation and based on the information they had at the time made the determination that that child could be released to his parents without any threat to the community. The student was arrested for burglary and possession of chemicals with the intent to construct an explosive device. Captain Hirokawa noted that neither the community nor the school is in danger. Mayor Waltonsmith thanked Captain Hirokawa for the report. COMMUNICATIONS FROM COMMISSIONS Tracy Halgren, Chair/Arts Commission briefly described the Arts Commission's accomplishments of 2003 and future projects. Mitch Kane, Chair/Public Safety Commission (PSC) presented the City Council with a report concerning the Emergency Preparedness Study. Chair Kane stated that emergency preparedness has always been an area of oversight due to staff turnover, rotating City Council and City administrators and budget constraints. Chair Kane pointed out the things that the City is doing well such as: • The City Emergency Preparedness Plan was last updated in 1999 • The County is currently reviewing and revising the Plan • CERT program initiated • Developed staff training plan for 2004 Chair Kane stated that the PSC is recommending that the City do the following: • Become SEMs compliant • Establish aself-substantial EP organization • Demonstrate emergency preparedness as an "above the line priority" • Integrate aknowledgeable/trained community into City's structure Lorie Tinfow, Assistant City Manager, responded to the PSC report. Assistant City Manager Tinfow stated that in response to the City becoming SEMS complaint the City would be sending three directors to a week-long County sponsored emergency management training in March. In response to the lapse in attention to the program, Assistant City Manager Tinfow pointed out that this was partly due to the departure of the staff person, in July 2002, who was responsible for the program. Assistant City Manager Tinfow noted that the following spring, City Manager Anderson began discussions with County Fire to identify ways they could help fill the gap. County Fire offered to provide the following assistance: • Coordinate the EOC exercise • Plan and implement two training sessions • Review and update the Emergency Management Plan (repeat review every couple of years) • Provide telephone consultations as needed In response to establishing aself-sustainable Emergency Preparedness organization, Assistant City Manager Tinfow stated that every City's municipal code is required to designate a Disaster Council. In most Cities, including Saratoga, the Disaster Council is the City Council and is headed by the Mayor or his/her Council designee. The Council is not activated unless a disaster occurs. Assistant City Manager Tinfow stated that if Council wishes to formally activate the Disaster Council and assign one Council member to chair the group, staff believes that an annual meeting of public safety providers, representatives from the PSC and the City's Emergency Services Coordinator to review the City's emergency preparedness actions would be sufficient to accomplish the goals outlined in the PSC's report. In response to the request by the PSC to make emergency preparedness an "above the line priority", Assistant City Manager Tinfow stated that the City now has a staff person designated as the Emergency Services Coordinator. This person is now responsible for attending County-wide meetings and making sure training is performed. In response to the last request made by the PSC to integrate a trained community into emergency response structure, Assistant City Manager Tinfow stated that the CERT program focuses on training for residents to assist each other on a neighborhood level. Vice Mayor King suggested that the School AdHoc Committee could help within the schools to educate citizens in the event of an emergency. Councilmember Bogosian stated that the City needs a commitment to long-term management resources to emergency preparedness. Councilmember Bogosian stated that every time the City reorganizes the responsibilities for emergency preparedness gets shuffled around. The City needs to establish the credibility; the City needs to have consistency. Consensus of the City Council to direct staff to form a Disaster Council. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS PROCLAMATION -DECLARING THE MONTH OF FEBRUARY 2004 AS SILICON VALLEY READS MONTH STAFF RECOMMENDATION: Read proclamation. 4 Mayor Waltonsmith read proclamation and presented it to Betsy Weiss and Tat Blesch. Ms. Weiss noted that the Silicon Valley Reads is a community building activity where people of all ages and races come together to discuss a book that has relevant issue for our time. Ms. Weiss stated that on Monday, February 9, 2004 at 7:30 pm. Fahrenheit 451 would be discussed in the Library's Community Room. Ms. Blesch noted that she was a present this evening to ask the community to support Measure B, which would affirm the County's libraries operational expenses. Ms. Blesch explained that Measure B would increase the current assessed tax from $33.66 to $42 per year. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -JANUARY 7, 2004 STAFF RECOMMENDATION: Approve minutes. • Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian requested that the City Clerk review the tape and add more Council discussion on page 12 following Mr. Geddes's comments. Consensus of the Council to being this item back for approval on March 3, 2004. 2B. APPROVAL OF CITY COUNCIL MINUTES -JANUARY 24, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2B be removed from the Consent Calendar. Councilmember Bogosian noted that under the LAFCO item Council direction did not include the following points and asked that they be deleted: • Work towards a single system to cover all of Saratoga • Involve the Saratoga Fire Protection District in the process KL1NE/KING MOVED TO APPROVE CITY COUNCIL MINUTES AS AMENDED FROM JANUARY 24, 2004. MOTION PASSED 5-0. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/KING MOVED TO APPROVE CHECK REGISTER. MOTION • PASSED 5-0. 2D. PLANNING ACTION MINUTES -JANUARY 25, 2004 STAFF RECOMMENDATION: Note and file. KLINE/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF JANUARY 25, 2004. MOTION PASSED 5-0. 2E ANNUAL APPROVAL OF THE CITY OF SARATOGA'S INVESTMENT POLICY STAFF RECOMMENDATION: Approve the City's Investment Policy. KLINE/KING MOVED TO APPROVE THE CITY'S INVESTMENT POLICY. MOTION PASSED 5-0. 2F. FISCAL YEAR 2004-OS BUDGET DEVELOPMENT PROCESS STAFF RECOMMENDATION: • Note and file. Mayor Waltonsmith requested that item 2F be removed from the Consent Calendar. Mayor Waltonsmith requested that the Commission's be incorporated into the budget process. KING/BOGOSIAN MOVE TO NOTE AND FILE THE BUDGET DEVELOPMENT PROCESS. MOTION PASSED 5-0. 2G. 1ST AMENDMENT TO THE CAL-ID AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to sign amendment to existing agreement. KLINE/KING MOVED TO AUTHORIZE CITY MANAGER TO SIGN AMENDMENT TO EXISTING AGREEMENT. MOTION PASSED 5-0. 2H. LETTER OF OPPOSITION TO SB 744 (DUNN) STAFF RECOMMENDATION: Authorize a letter of opposition to SB 744 (Dunn). 6 KLINE/KING MOVED TO AUTHORIZE A LETTER OF OPPOSITION TO SB 744 (DUNN). MOTION PASSED 5-0. 2I. BROOKGLEN, EL QUITO AND WILDWOOD PARKS: PLAYGROUND EQUIPMENT UPGRADE PROJECT -AWARD OF CONTRACT STAFF RECOMMENDATION: Declare Playgrounds Unlimited the lowest bidder; award construction contract to Playgrounds Unlimited; authorize staff to execute change orders up to $5,000; approve increase of $138,000 to existing contract with George Bianchi Construction. KLINE/KING MOVED TO DECLARE PLAYGROUNDS UNLIMITED THE LOWEST BIDDER; AWARD CONSTRUCTION CONTRACT TO PLAYGROUNDS UNLIMITED; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO $5,000; APPROVE INCREASE OF $138,000 TO EXISTING CONTRACT WITH GEORGE BIANCHI CONSTRUCTION. MOTION PASSED 5-0. 2J. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1: RESOLUTION INITIATING RENEWAL OF THE DISTRICT FOR FY 04- 05 STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTIONS: 04-008,009 KL1NE/KING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. KLINE/KING MOVED TO ADOPT RESOLUTION APPOINTING ATTORNEY'S FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. 2K. RESOLUTION OF INTENTION TO ANNEX PROPERTIES INTO LANDSCAPING & LIGHTING ASSESSMENT DISTRICT FOR FY 04-OS (SARATOGA-SUNNYVALE ROAD "GATEWAY") STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-010 KLINE/KING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 04-05. MOTION PASSED 5-0. • 7 2L. VALLEY TRANSPORTATION PLAN 2030 (VTP 2030) -LOCAL STREETS AND ROADS PROGRAM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-011 KLINE/KING MOVED TO ADOPT RESOLUTION ESTABLISHING A PROJECT PRIORITY LIST IN CONNECTION TO THE VALLEY TRANSPORTATION PLAN 2030 -LOCAL STREETS AND ROADS PROGRAM. MOTION PASSED 5-0. 2M. RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-012 KLINE/KING MOVED TO ADOPT RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. MOTION PASSED 5-0. PUBLIC HEARINGS 3. 2001-2006 CAPITAL IMPROVEMENT PLAN (CIP) FY 03-04 UPDATE - ADOPTION OF NEW CIP PROJECTS AND FUNDING APPROPRIATIONS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 04-13,14,15,16 John Cherbone, Public Works Director, presented staff report. Director Cherbone explained what each resolution would accomplish. Director Cherbone stated that the City Council Retreat held on January 24th, Council directed staff to perform an analysis of the CIP to attain $200,000 in funding to be used for investigating the establishing of a City Redevelopment Agency. • 8 Director Cherbone noted that staff recommends that reductions be made to the following CIP Projects: • Saratoga-Sunnyvale Gateway Project $100,000 Village Streetscape Improvements $50,000 • El Quito Area Curb & Gutter Improvements 50 000 $200,000 Director Cherbone noted that the funding recommendations were based in the physical connection of each of the CIP projects to the City's three main commercial areas, namely the Gateway Commercial Zone, the Village Commercial Zone and the El Quito Commercial Zone. It is assumed that if a City Redevelopment Agency were formed these areas would receive benefits. Director Cherbone briefly explained that changes to the five-year CIP as approved by Council in the FY 03-04 CIP Update. Councilmember Kline stated that he recommends that if the RDA does not go forward any remaining money be reallocated back to the original projects that the funds came from. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. Councilmember Bogosian noted that he appreciates Director Cherbone's methodology, however the RDA is not a sure thing. Councilmember Bogosian stated that the Gateway renovation was promised to the community and doesn't support money being taken away from the project. Councilmember Bogosian stated that money should be taken from the Aloha Avenue and Fellowship Hall CIP projects. STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING 2001-2006 CIP BUDGET REFLECTING COUNCIL DIRECTION FROM THE JANUARY 7.2004 CITY COUNCIL MEETING.. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING THE FY 03-04 BUDGET TO INVESTIGATE THE ESTABLISHMENT OF A CITY REDEVELOPMENT AGENCY. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. STREIT/KING MOVED TO ADOPT RESOLUTION APPROVING THE 2001-2006 CIP PLAN FY 02-03 UPDATE. MOTION PASSED 5-0. STREIT/KING MOVED TO ADOPT RESOLUTION AMENDING THE FY 03-04 BUDGET ESTABLISHING FUNDING FOR PROJECTS APPROVED IN THE 2001-2006 CIP PLAN FY 03-04 UPDATE. MOTION PASSED 5-0. 9 OLD BUSINESS 4. STATE BUDGET UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained the current budget scenario as follows: • The City would lose approximately $576k of its current year VLF revenue stream, which is considered a backfill gap to be repaid in 2006 • $156k is permanently loss beginning in FY 04-OS in property taxes as a result of the Governor's proposed expansion of the ERAF shift of local property taxes to support school funding Director Baloca explained Proposition 567 stating that it is a one-time $15 billion Economic Recovery Bond to refinance past budget deficits via a'/4 cent triple-flip. Furthermore, Director Baloca explained that Proposition 58 requires future balanced budgets, prohibits future bond financing of any deficit, and creates a rainy day reserve to assist with future economic downturns and/or to make an early payoff on outstanding bond obligations. $3 billion of the $15 billion bond proposal is to be used to help close next year's spending gap. Director Baloca stated that the loss of Proposition 57 would plunge the State into fiscal crisis and there appears to be no fallback position if the bond fails. Mayor Waltonsmith thanked Director Baloca for his report. NEW BUSINESS REQUEST FOR FUNDING BY SARATOGA - MONTE SERENO COMMUNITY FOUNDATION STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 04-017 Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained the background of the Saratoga-Monte Sereno Community Foundation. Assistant City Manager Tinfow reported that in August 2003 two community members met with two Council volunteers to discuss if and how members of the community could step up and start the Foundation. 10 Assistant City Manager Tinfow explained that the group developed a vision and a mission statement and are now ready to begin assembling a Board to formally ' incorporate. Funding is needed for these steps and they are making a request for $25,000 to pay for start up costs and/or as matching funds to attract additional contributions. Councilmember Streit asked if the City of Monte Sereno were going to contribute any funds. Assistant City Manager Tinfow responded that the representatives from Monte Servo were going to present this item at their next Council meeting. Due to the City's economic uncertainty, Councilmember Streit suggested that the $25,000 be split between this fiscal year and the next. STREIT/KING MOVED TO ADOPT AMENDED RESOLUTION AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE ALLOCATED TO START THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION IN THE AMOUNT OF $12,500. MOTION PASSED 5-0. 6. CODE ENFORCEMENT POLICY AND MEDIATION OF DISPUTES STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-018 Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that in 2003 the City Council requested staff to prepare for Council consideration a formal statement of the City's code enforcement policies and to include in those policies provisions designed to encourage mediation of neighborhood disputes. City Attorney Taylor noted that the attached resolution would formalize the City's existing code enforcement practice but would modify that practice to require mediation of code enforcement complaints, which the Code Enforcement Officer determines do not involve immediate threats to public health or safety or otherwise require immediate action. City Attorney Taylor noted that staff expects that most mediation would be conducted by the County of Santa Clara Mediation Service. The Service is a Santa Clara County program operated under the auspices of the County Human Relations Commission. City Attorney Taylor described the services provided by the Santa Clara Mediation Service City Attorney Taylor stated that if the number of matters is low, there might be no charge to the City. In the event there is a charge for services in excess of $5,000 staff will return to Council for authorization. 11 KINGBOGOSIAN MOVED TO ADOPT RESOLUTION ESTABLISHING A CODE ENFORCEMENT POLICY. MOTION PASSED 5-0. 7. DISCUSSION/EXPECTATIONS/BUDGET FOR URBAN FORESTRY PLAN • STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that one of the products of the new Tree Ordinance was the desire of the Council to move forward of an Urban Forestry Plan. Director Sullivan explained that the old and the newly revised Tree Ordinance referenced as one of the criteria "Good Forestry Practices" but does not provide a definition. In trying to fulfill Council desires, Director Sullivan stated that during his research this type of forestry plan was most popular on the east coast than around here. Director Sullivan explained the steps of how to create an Urban Forestry Plan for the City as follows: 1) Vision and Goals 2) Identify Management Areas 3) Inventory and Assessment 4) Data Summary 5) Identify Benchmarks 6) Data Comparison 7) Involve Community Residents 8) Community Development Director Sullivan stated that the steps would generate an Urban Forestry Plan that would be representative of the love of trees often expressed at both Council and Planning meetings. An Urban Forestry Plan is only successful if the community supports it. If the Council would like to move forward with this item, Director Sullivan suggested that a community task force be formed representing all parts of the community. Councilmember Kline asked how much staff time would this project take to complete. Director Sullivan responded that it would take 25% one staff person for 1-2 years. Councilmember Streit asked what priorities would be postponed if this became a priority. • Director Sullivan responded that General Plan Amendments and the staff liaison to • the Heritage Preservation Commission would have to be postponed. 12 Mayor Waltonsmith stated that she is meeting with the new President of West Valley College and would bring this issue up and see if there is any interest in helping the City. Discussion took place in regards to other priorities of the Community Development Department. Consensus of the City Council to table this item until the Fall. Councilmember Bogosian stated that he would be willing to serve on the task force. Vice Mayor King suggested waiting until some of the current AdHoc Committees are finished. Consensus of the City Council to table this item until the Fall. 8. DEANZAIPG&E TRAIL FUNDING AGREEMENTS STAFF RECOMMENDATION: Authorize City Manager to execute Agreement with Anonymous Donor for donation of funds for planning and possible acquisition and development of the DeAnza Trail; Authorize City Manager to execute VTA Funding Agreement. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that at the December 3ia City Council meeting staff was directed to move ahead with the process of developing a pedestrian/cycling trail on PG&E right-of--way lands running parallel to the railroad tracks between Saratoga and Saratoga-Sunnyvale Avenue. Council specifically requested staff to develop funding agreements with the VTA and Anonymous Donor for the purposes of procuring funding for the public trail project. Analyst Bloomquist briefly explained the contents of each agreement. Greg Gates stated that he supports the trail. In regards to the two agreements both mentioning "naming" of the trail, City Attorney Taylor stated that VTA only wants a sign during construction pointing out "Your Tax Dollars At Work", while the donor requested the plaques and a specific trail name. KING/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ANONYMOUS DONOR FOR DONATION OF FUNDS FOR PLANNING AND POSSIBLE ACQUISITION AND DEVELOPMENT OF THE DEANZA TRAIL. MOTION PASSED 5-0. KING/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE VTA FUNDING AGREEMENT. MOTION PASSED 5-0. 13 9. LAFCO SERVICE REVIEW -BOUNDARY DROP RESOLUTION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-019 . Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the draft countywide Fire Protection Service Review report was issued on November 18, 2003. City Manger Anderson briefly described the purpose of the report noting that the report included all fire service agencies in the County including seven city fire departments and four fire protection districts. City Manager Anderson noted that the City Council solicited community input on the report at the January 7, 2004 Council meeting. The City Council members discussed the issue and adopted a statement to be sent to LAFCO representing the City Council consensus on the issue Cit~ Manager Anderson pointed out that at the Council retreat, held on January 24t ,the LAFCO Fire Service Review was agendized and discussed. A$er an in depth discussion a majority of Councilmembers preferred to strengthen the Boundary Drop, making it permanent. City Manager Anderson noted that a resolution in support of a long term Boundary Drop is attached to this report. Vice Mayor King requested that in the 8th Paragraph the word "preferred" be changed to "required". Discussion took place in regards to Mayor Waltonsmith's suggested changes to the resolution. Consensus of the City Council to make the following changes to the 8th paragraph of the resolution as follows: "Whereas, a majority of Councilmembers strongly urge the parties to strengthen the Boundary Drop, making it permanent, until at least 2016 if the two districts remain separate entities." BOGOSIAN/KLINE MOVED TO ADOPT RESOLUTION AS AMENDED SUPPORTING A PERMANENT BOUNDARY DROP AGREEMENT. MOTION PASSED 5-0. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith reported the following information: Santa Clara County Cities Association - a Finance Representative from the State of California spoke at the last meeting. 14 Saratoga Historic Foundation -recently held a retreat to focus on outreach and fundraising efforts. Sister City Liaison -August 12, 2004 the students from Muko, Japan would be at City Hall for their annual visit. Vice Mayor Kathleen King_reported the following information: Chamber of Commerce -City Council Ad Hoc Committee recently met with the Chamber to discuss Celebrate Saratoga. Chamber would like to continue the relationship with City. Count~Cities Association Legislative Task Force - appointed a new Chairperson. SASCC Liaison -discussed the age of participants. Vallev Transportation Authority - no quorum at the PAC meeting. At a recent Board meeting the rates were raised. Councilmember Kline no reportable information. Councilmember Stan Bogosian reported the following information: County HCD Policy Committee -reviewing applications for the annual distribution of funds. Emergence Planning Council -discussed funds received from the Federal government for anti-terrorism. Councilmember Nick Streit reported the following information: Santa Clara County Vallev Water Commission -continued discussions in regards to the discrepancy of rates between the north county and south county cities. Actively lobbying the House and Senate in an effort to avoid the taking of $9 billion dollars in reserves from water districts around the state. CITY COUNCIL ITEMS Referring to a resolution the City Council passed supporting the reorganization of the VTA, Councilmember Kline asked if Joe Pirzynski, who is the Vice Chair of the VTA Board, could be invited to a future City Council meeting to provide a status report on the issue. OTHER None CITY MANAGER'S REPORT None • 15 ADJOURNMENT Mayor Waltonsmith adjourned the meeting at 9:45 p.m. to the Administrative Conference Room to continue Closed Session. Mayor Waltonsmith adjourned Closed Session at 10:00 p.m. and reported that the Council authorized the City Attorney to join as a plaintiff in the case of Cerritos v. State of California challenging state legislation reducing local government's share of local sales tax revenues There being no further business, Mayor Waltonsmith adjourned the meeting at 10:05 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk • • 16