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HomeMy WebLinkAbout08-02-1989 COUNCIL AGENDA STAFF REPORTSt cQS(ARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: 8/2/89 ORIGINATING DEPARTMENT: Planning CITY MGR. APPROVAL SUBJECT: Appeal of UP -89 -003: Use Permit Allowing Non -Odd Fellows Groups to use Picnic Facilities --------------------------------------------------------------------- - - - - -- Recommended Motion: Staff recommends that the City Council uphold and modify the decision of the Planning Commission to allow picnics through September 5, 1989 subject to the City Council's administrative procedures. Report Summary: The Council is very familiar with the Odd Fellows picnics since it has been approached on numerous occasions regarding this issue. The picnic issue was resolved through the community meetings between Odd Fellows and the neighbors where it was concluded that picnics would end after the 1989 season. Therefore, Council is only addressing the number of picnics in the remaining weeks of this summer. Staff's experience with the implementation of the administrative rules established by Council last spring has been positive and would seem to be a reasonable approach to resolving the picnic issue for this season. Fiscal Impacts: None Attachments: Motion and Vote 1. Correspondence 2. Minutes 3. Resolution 4. Staff report to Planning Commission 6/14/89 OTTE Qq §&MEUQ)0& 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 MEMORANDUM TO: Mayor and City Council DATE: 8/2/89 FROM: Stephen Emslie, Planning Director SUBJECT: Appeal of UP -89 -003: Picnics at IOOF by Outside Groups Applicant: IOOF Home of California; Appellent: Jeffrey Schwartz Location: 14500 Fruitvale Ave. Recommended Motion Staff recommends that the City Council uphold and modify the decision of the Planning Commission to allow picnics through September 5, 1989 subject to the Council administrative procedures. Background Since the Council is familiar with the history of the picnics, staff will summarize recent Planning Commission action regarding the recent Odd Fellow's request. As the Council is aware, the Odd Fellows will discontinue use of the picnic grounds by outside groups after this season. The request, therefore, was for a limited term permit to allow use of the grounds for the remainder of this summer season. The Odd Fellows state that the groups under consideration at this time were scheduled long in advance and cannot be cancelled due to time and effort invested by these groups. At the Planning Commission hearing, many groups scheduled to have picnics were present to seek approval of each's respective event. There were neighbors present to seek the limitation of groups to a "reasonable" number for the remainder of the season. Staff recommended that the use permit be terminated on September 5, 1989 and be subject to the administrative rules currently used by the City Manager. This action would have resulted in 6 picnics from the date of the Commission hearing until September 5. The Commission reviewed the schedule of picnics presented by the Odd Fellows in an attempt to accomodate the groups who were committed to these picnics. The Commission determined that excepting outside groups, there were scheduled a total of 9 picnics until September 5, 1989; some picnics were held on Sundays. Issues The resolution of this issue is a function of the calendar when the this year's picnic season closes this fall. Staff can identify three approaches to deal with the remaining weeks: 1) Odd Fellows schedule; 2) Planning Commission schedule; 3) Staff schedule. The following is a side -by -side comparison of each schedule to facilitate Council's review. All events listed are non -Odd Fellows related issues. The Odd Fellows annual, Grand Lodge Picnic is scheduled for Sunday August 13. No other Odd Fellows related activities are scheduled pursuant to correspondence presented to the Planning Commission on June 14, 1989. Odd Fellows Schedule (submitted to P.C. Aug. 6 (Sunday) Campbell Eastern Star Aug. 27 (Thursday) Telephone Pioneers Aug. 19 (Saturday) Masons Aug. 25 (Friday) P.G.& E. Aug. 26 (Saturday) San Jose Golddiggers Aug. 27 (Sunday) Hungarian Church Sept. 17 (Saturday) Lockheed Sept. 18 (Monday) Los Gatos SIR's #141 Oct. 9 (Monday) Private - Judge Nelson P.C. Approved Schedule (approved 6/14/89) Aug. 6 (Sunday) Campbell Eastern Star Aug. 27 (Thursday) Telephone Pioneers Aug. 19 (Saturday) Masons Aug. 25 (Friday) P.G.& E. Aug. 26 (Saturday) San Jose Golddiggers Aug. 27 (Sunday) Hungarian Church Administrative Schedule *Aug. 19 (Saturday) Masons *Aug. 25 (Friday) P.G.& E. *picnics approved by City Mgr. as of 7/28/89 Staff's experience with the implementation of the administrative rules established by the City Council, has been positive and very workable. To date, there have been no complaints or concerns with picnics which were conducted in accordance with these rules. Concerns were raised recently when amplified sound was used in conjunction with an Odd Fellow picnic on Sunday, July 9, 1989 (see attached correspondence). Conclusion The picnic issue is resolved: outside groups will no longer be held after this season. The question remains as to how many picnics will be allowed for the remainder of this season. Staff's experience with the application of the administrative rules has shown that events can be compatible with the surroundings. Therefore, staff recommends that the City Council continue to implement the administrative rules until September 5, 1989. I—L ZLZ=- Step en mslie Planning Director Attachments: 1. Correspondence 2. P.C. minutes of 6/14/89 3. Resolution 4. Staff report 6/14/89 SE /dsc CORRESPONDENCE July 17, 1989 Qq o 13777 FRUITVALE AVENUE . SARA TOGA, CALIFORNIA 95070 (408) 867-3438 RECiq,sVED JUL 12, 1� PLANNING DEPT Stephen Farkas Hungarian Reformed Church 191 E. E1 Camino Real, #255 Mountain View, CA 94040 Subject: July 23, 1989 Picnic at Odd Fellows Home Hungarian Reformed Church Change in Time Schedule Dear Mr. Farkas: COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman Per the request of your organization, the approved time for your July 23rd picnic has been changed to a start time of 12 noon and A completion time of 6 a.m. I note again that the rules require that the picnic last no longer than six hours from set up to take down. Please refer to my July 7, 1989, letter for the other conditions in force. Sincerely, Harry fPeaco—Ale�/ City anager jm cc: City Council Community Services Director (-,—Planning Director Lawrence Wilkinson, IOOF f 0 r ODD FELLOWS HOME OF CALIFORNIA 14500 Fruitvale Avenue ❑ Saratoga, CA 95070-6199 ❑ 408/867 -3891 July 12, 1989 Mr. Harry Peacock, City Manager City of Saratoga Fruitvale Avenue Saratoga, Ca. 95070 Dear Harry: I need to make you aware of a situation I encountered at the picnic Sunday, July 9, 1989. At approximately 12:30 PM, I noticed that the group was using a PA system to call bingo. I immediately recorded the sound level as 58 DB with normal background being 52 -56 DB. After logging that reading in my diary, I informed one of the leaders of the picnic that amplified sound was not permitted. I went on down to the facility to take care of some routine business and returned about an hour later to find the PA system still being used. I informed the same person that they must immediately stop using amplified sound. At about the same time, I reeeived a "beeper" message from the front desk that one of the neighbors had called and stated he was going to call the police if the sound was not stopped. I want to assure you that this violation of the rules was done without my knowledge or consent, and'that as soon As'I became aware of the problem, I took all reasonable steps to correct it. I do have one question, however. Twice in the last month it has been reported to me that there have been parties to the west of our facility with amplified sound as late as 11:00 PM. My question is do the rules regarding amplified sound apply to everyone in the R -1- 40,000 zone or only to the Odd Fellows? Perhaps some clarification on this would be appropriate. Finally, I'do apologize for the incident on Sunday, but I feel I made a good faith effort to correct the situation as soon as I was aware of it. IwrL est r and ence F. Wilkinson Executive Director cc: City Council City Planning Commission given Emslie Bob Barton Norm Matteoni Max Holloway -� CYNTHIA B. SCHWARTZ JEFFREY A. SCHWARTZ 19281 SAN MARCOS ROAD SARATOGA, CALIFORNIA 95070 Tetephone: '(4081 867 -3877 ( 408 ) 377 -3811 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95030 Attention: Betsy Cory Dear Council Members: RUH- JUL 171989 CITY OF SARATOG,k CITY :MANAGER'S OFFICE June 30, 1989 This letter is to provide additional information concerning the basis of my appeal of the Planning Commission decision regarding the use of the Oddfellows' picnic grounds. The Planning Commission staff had recommended allowing six picnics, or two per month, between now and Labor Day. The Planning Commissioners discussed allowing eight -or nine picnics, but the actual motion, absent this appeal, would have allowed approximately 15 picnics between the date of that meeting and Labor Day. (All of these comments refer to picnics held by, or for, outside groups. The use of the picnic grounds for picnics by residents of the Oddfellows Home or Fellowship Plaza has never been at issue.) The Oddfellows were put on notice last year that they would need to comply with City regulations regarding a use permit for the picnic facility. They scheduled a full summer of picnics for this year without making arrangements for a use permit. They were given administrative regulations by the City Manager and informed that those regulations were to be followed as an interim measure until their application for a use permit could be acted upon. The Oddfellows ignored those regulations. They scheduled and held Sunday picnics, picnics on consecutive days, and picnics with amplified sound, all in violation of the administrative regulations. The Oddfellows' administrators told representatives of the surrounding neighborhoods and the Planning Commission that the only picnics scheduled for this year were those that they had been unable to cancel because of an inability to reach the people in charge. That turned out to be a complete falsehood. In fact, the Oddfellows were still attempting to schedule additional picnics at the time of the Planning Commission meeting. Saratoga City Council June 30, 1989 Page 2. The Oddfellows packed the Planning Commission meeting with representatives of groups wanting to use the picnic site, and the Oddfellows' representatives condoned these individuals telling the Planning Commission that the City of Saratoga, the Planning Commission and the neighbors were unAmerican, unpatriotic and unconstitutional in considering limiting the use of the Oddfellows property in any way. The Planning Commission was also told that whether they approved the proposed picnic schedule or not, picnics would be held on Sundays. The Oddfellows have told the Planning Commission on two occasions when I was personally present that there is no rental charged for the use of the picnic grounds. Yet one of the people who spoke at the last Planning Commission meeting described sending a $50.00 deposit towards the rent of the picnic grounds and another individual said that if the Planning Commission did not allow the use of the Oddfellows site he would have to arrange for another picnic site that would charge his group higher fees. I believe that a reasonable review of the public record will indicate a serious credibility problem on the part of the administrators of the Oddfellows property. The staff recommendation was reasonable (two picnics per month through Labor Day, with the rest of the administrative guidelines to remain intact) and I respectfully request that the City Council adopt the original staff recommendation rather than the Planning Commission decision. Sincerely, Zy ,7 Je A. Schwar z E OQ ODD FELLOWS HOME OF CALIFORNIA 14500 Fruitvale Avenue O Saratoga, CA 95070 -6199 O 408/867 -3891 June 28, 1989 Planning Commission City of Saratoga Fruitvale Avenue Saratoga, Ca. 95070 Dear Members of The Commission: I want to thank you for your patience, consideration and understanding in resolving our recent dilemma regarding the picnic issue at the Odd Fellows Home. I am well aware of the not - insignificant pressures you were subjected to in this matter, and I want to apologize for any part we may have had in creating any stress. I was particularly impressed by the fair and impartial way in which the hearings were conducted: I felt that all parties had an equal opportunity to be heard and that the meetings moved along in a timely and orderly fashion. You are all to be congratulated. I am in receipt of a -letter authored by Mr. Jeff Schwartz who seems to spend an inordinate amount of time minding other peoples business. Although most of the points raised in the letter have been pretty well laid to rest,.there are a few things I would like to address. Mr. Schwartz reflects on Bob Barton as a person who is not easy to reach. In over six months of dealing with Bob I have never experienced any difficulty in reaching him nor has Max Holloway. In addition, Bob assures me that he did, in fact, return Jeff's calls and left messages on his recorder which Jeff may or may not have received. Mr. Schwartz is also critical because I did not cancel a picnic he calls "Friends of Larry ". I can assure him I had no intention to cancel. This is not a club nor an organization, but rather a group of my friends whom I invited to join me for a picnic. And for lack of a better term, I called the picnic "Larry's Friends" for purposes of identification. Following a rather traumatic divorce last year and obtaining custody of my 14 year old stepson whom I am now raising by myself, I hope Mr. Schwartz will pardon me if I do have some degree of private social life. O Plannin& Commission City of Saratoga June 28, 1989 Page 2 Two final points. Mr. Schwartz feels that the traffic generated by picnics is comparable to that generated by access to the Rogers and Brooke property. I would like to point out that between our front entrance and the picnic grounds I have installed three speed bumps, a deterrant we would not enjoy with a pu laic road access. And after this year, the issue of picnic traffic is academic while the development traffic will continue on for years to come. Mr. Schwartz is also critical of the increase of square footage in our new buildings. I have repeatedly stated that our residents presently live in some 99 square feet of space, and that this does not meet Federal guidelines. It would be foolhardy to build a new building that allows the same 99 square feet of living space. In face,' that is the major reason the building project is being undertaken. In conclusion, I again want to thank you for your time and efforts, volunteer service is never easy, and we are for- tunate to have concerned citizens such as you who will accept such a responsibility. 4Kin est regards, Lawrence F. Wilkinson Executive Director LFW:pm cc: Peggy Cocker .Bob Barton Harry Peacock City Council, Max Holloway 001b ODD FELLOWS HOME OF CALIFORNIA 14500 Fruitvale Avenue ❑ Saratoga, CA 95070 -6199 ❑ 408/867 -3891 ,Tune 28, 1989 Dear Picnic Grounds User: I am enclosing a copy of a letter from the City of Saratoga to Mr. Jeffrey Schwartz and a copy of a letter from Harry Peacock, City Manager, to me. I believe the letters are self - explanatory, but in brief, Mr. Schwartz has appealed the Planning Commission's decision with regard to outside picnics and the matter is set for hearing with the City Council on August 2, 1989. Meanwhile, we must return to the interim administrative rules which you all have copies of. I regret this incon- venience, but at this time I have no choice but to comply with the directives of the City of Saratoga. Kind aft regards, L rence F. Wilkinson Executive director LFW:pm Enc. cc: Peggy Cocker Bob Barton Planning Commission Harry Peacock City Council Max Holloway ❑t. (oce 13777 FRIA-1-VALE AVENUE - SARA"I OGA. CALIFORNIA 9,5(M) 14()81 867 -3438 1989 \r Mr. Lawrence F. Wilkinson Executive Director Odd Fellows Home of California 14500 Fruitvale Avenue Saratoga, CA 95070 Subject: Picnics Dear Mr. Wilkinson: COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francs Stutzman Today the Planning Commission decision on the Conditional Use Permit contained in Resolution UP -89 -003 was appealed to the City Council and will be heard on August 2nd. This action vacates the decision of the Commission and reinstates the interim administrative rules in full. At this time one permit for a picnic has been approved. It is for the Willow Glen Mason's Lodge from 10 a.m. to 4 p.m. on August 19, 1989. Under the rules, two picnics will be allowed in July and one more in August. The schedule dated May 9, 1989, from Odd Fellows proposes: 1. A July 9th picnic for the American Legion and a July 23 picnic for the Hungarian Church. Since both picnics fall on a Sunday., they will not be allowed and will have to be rescheduled through a letter application to me. 2. An August 6th picnic for Campbell Eastern Star. That, too, is a Sunday and will have to be rescheduled through a letter application to me. 3. An August 17th picnic for the Telephone Pioneers; an August 25th picnic for P.G. &E., an August 26th picnic for the San Jose Goldiggers; and an August 27th picnic for the Hungarian Church. The latter is on a Sunday and two others are on consecutive days. However, since one permit has already been granted, only one of the picnics scheduled for August 6th, 17th, 25th, 26th, or 27th can be authorized Mr. Lawrence F. Wilkinson June 22, 1989 Page Two by me. This will be on a first -come first -serve basis and you are so advised. Should you have any questions at all in this matter, please contact me directly. Again, the only picnic for outside groups authorized at this time is on August 19th. No other picnics have been approved. Sincerely, C Harry l. Peacock City Manager jm cc: City Attorney Community Services Director Planning Director City Council 52cUUW (Dee 13777 FRUITVALE AVENUE . SARATOGA, CALIFORNIA 95070 (408) 867 -3438 June 15, 1989 Mr. Douglas M. Trebbin Chairman, LMAR Events 1481 Flicker Way Sunnyvale, CA 94087 Dear Mr. Trebbin: COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman I am sorry to inform you that the City's Planning Commission has set a cut off date of September 4, 1989, as the last day picnics will be allowed at the Odd Fellows picnic grounds. As a result of this decision, I am unable to grant your request to hold a picnic on September 16th. Sincerely, Harry I)r Peacock City Manager j m cc: L$teve Emslie, Planning Director o�r OWE � D. j JUN 12 1989 Cl ; r' 6Aii,ATOGA MTV_ L!ANAGER'9 OFFICE Saratoga City Manager - Mr. H. Peacock Saratoga, Calif. 95070 Dear Mr. Peacock: Douglas M. Trebbin j( b 1481 Flicker Way „ ,1�, j�,� Sunnyvale, CA 94087 /.- June 7, 1989 _ aze 4,� As per instructions from Mr. Wilkinson, Executive Director of the "Odd Fellows home ", I submit the following data in regard to our annual picnic at the Odd Fellows picnic grounds. It is also my understanding -that this is required in compliance with Rule No. 12. Our Lockheed Management Association Retirees (LMAR) is a group of senior citizens, all management retirees of the Lockheed Corporation. Many of these people are home owners in the City of Saratoga. Our yearly picnic this year is scheduled for September 16,.!1989. The.attached flyer is typical of our picni.c agenda, menu, start -time, end time, cost, location etc. For the year 1988, we, at the request of the Odd Fellows, did not have any music or dancing. Since the interim Rules include "No amplified sound" (Rule 8) we plan on NO music or dancing. Last year's total attendees were between 160 and 190, 90% of which were senior citizens. It is our intent to comply with any rules which are established by the Odd Fellows Home or the City of Saratoga. Your acknowledgement-of this letter and confirmation of our picnic date at your earliest convenience would be appreciated. e 1 y Douglas M. Trebbin Chairman, LMAR Events cc: Odd Fellows Home - Mr. Lawrence F. Wilkinson � M CYNTHIA S. SCHWARTZ JEFFREY A. SCHWARTZ 19281 SAN MARCOS ROAD SARATOGA., CALIFORNIA 95070 Telephone: 14081 867 -3877 - 1 408 1 377 -3811 Board of Directors International Order of Oddfellows c/o Oddfellows Lodge 14500 Fruitvale, Saratoga, CA 95030 Dear Sirs: J 14"(211111W UN d p4gNN1 /,V,; �FpT June 8, 1989 We have received your letter concerning the use of the picnic grounds at the Oddfellows Lodge. We appreciate your decision to discontinue use of the picnic grounds by outside groups after this year. Please be assured that for our part we will attempt to inform neighbors who are currently uninvolved that we have reached agreements regarding the future (so that you do not face new complaints next year or the year after). In spite of our positive reactions to:your long term decision, we do have a remaining problem. It is this year's picnic schedule. At our meeting several weeks ago, Larry described this year's picnic schedule as a small number of events that he had been unable to cancel because, by the time he reached people, it was too late for some of them to reach their members or change their plans. He indicated that the majority of the scheduled picnics had been cancelled and that it was only those in which he had a problem reaching the responsible individuals that had remained scheduled. Larry told Dom P,ichiuso that there were approximately a dozen picnics scheduled over the course of the summer. We then received a copy of a letter from the Oddfellows to the City of Saratoga which presents a schedule for approximately 25 picnicsl It is obviously a full year's picnic schedule and it does not appear as if any picnics that were originally scheduled have been cancelled. The schedule is a slap in the face to those of us who have been trying to work with you. If Larry's account of why he was unable to cancel some picnics is accurate, why is one of the groups remaining on the schedule called "Friends of Larry"? Did he have trouble reaching himself promptly? There are even picnics scheduled on consecutive days, Sundays and more than two per month, all in direct violation of the guidelines that the City Manager provided to you. Further, June 8, 1989 Page 2. the picnic that was held two weeks ago again used amplified sound in spite of the repeated promises to the City and to those of us in the neighborhood that that would not occur. We cannot support 25 picnics over the course of this summer. We would ask you to pick four or five or six events that realistically cannot be moved, and allow those and move all others. We would support that kind of approach and we would join you in asking the City to allow that kind of use this year in recognition that it is a transition year. In light of your comments regarding Bob Barton as spokesperson, you may be interested to know that I placed calls to Bob Barton the week before last and last week in the hope that this could be discussed informally rather than through an exchange of formal letters. Bob has not returned my calls last week or this week. If you do have a spokesperson it needs to be someone who has the courtesy to return phone calls. We do not believe that the Board of the Oddfellows or that the Oddfellows organization wishes to treat the neighbors of the Oddfellows Home with disdain or to be less than truthful in dealing with us. However, some of -your representatives may not be serving you well in that regard. There is an unfortunate pattern of telling the neighbors or the City anything that happens to be convenient, even though it later turns out that what was said was misleading or blatantly false. Larry's story about trying to reach people in time to cancel this year's picnic events is only one example. Perhaps a better example is that during discussion in front of the City Planning Commission about the proposed residential development on your land, your representatives made a very emotional plea to the City that providing access to any portion of the residential development (35 homes in all) over on the Oddfellows Road would mean that traffic would endanger the lives of elderly residents who often walk around the Oddfellows Home. Your representatives also made sure there was a very large turnout of individuals from the Home and from Fellowship Plaza. Many of these people spoke strongly about traffic danger to the elderly and about interference with their peace and tranquility. ghat your representatives did not say was that the Oddfellows chose to deed land to Fellowship Plaza knowing that those 150 units June 8, 1989 Page 3. would have vehicle access across the Oddfellows road. Why didn't that constitute an unacceptable danger to the residents of the Home? •-Also, how can your representatives argue sincerely that the traffic from 14 new homes is a terrible danger to the.lives of the elderly but that having some outside group that is unfamiliar with the property bring two or three hundred cars on to the property for a picnic is acceptable? Similarly, your planning consultant addressed a packed meeting of the Planning Commission about your master plan and said repeatedly that the plan was not an expansion of existing facilities and that no expansion was contemplated. When details became available later, it was apparent that the master plan is a huge expansion of building space. Mr. Barton then said that what he had actually meant was that there was no planned increase in number of beds. It is these kinds of situations which . many of us regard as insults to our intelligence, and hypocritical. We maintain our belief that these excesses do not reflect the Board or the organization, and we continue to want to work with you constructively on issues of mutual concern. Sincerely, Jeffrey A. Schwartz cc: 1garatoga Planning Commission Saratoga City Council Peggy Cocker Various neighbors 0 9llFOp g�1 May 25, 1989 OMEW oo 0Z%Z1XQ)0,k 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 Ms. Peggy M. Cocker Matteoni, Saxe & Nanda 852 North First Street, 3rd Floor San Jose, CA 95112 COUNCIL MEMBERS: Karen Anderson Martha Clevenger David Moyles Donald Peterson Francis Stutzman Re: Odd Fellows Proposed Picnic Schedule dated May 9, 1989 Dear Ms. Cocker: After reviewing this list my worst fears about Odd Fellows' intentions have been realized. The interim rules allow no more than two (2) picnics for outside groups in each month with no picnics on Sundays and no picnics on successive days. In June there are seven (7) outside picnics proposed. The picnics on June 2nd and June 3rd are on successive days. The June 11th and June 18th picnics are on Sundays. In July while there are only two (2) picnics for outside groups, the July 9th picnic is on a Sunday as is the Hungarian Church picnic on July 23rd. In August five (5) picnics are scheduled. Three are on successive days (the 25th, 26th and 27th) and two are on Sundays (the 6th and the 27th). This is simply not acceptable to the City. Try as we might, Odd Fellows seems to be intent on simply ignoring the City's stipulations, the concerns of the neighbors and the consequences of their actions. If these picnics are held as planned, the Odd Fellows will be cited and fined by the City. They have left me no choice. Sin erely, XHarr R. Peacock City Manager jm cc: City Council (with copy of 5/9/89 schedule & 5/22/89 letter) City Attorney " Planning Director it Community Services Director to � L Nanda FE � ���� Do Er Matteoni cat aw ers ' Saxe / y MAY 2 31989 An Association including a Professional Corporation CITY OF SAI►rs i OGri CITY MANAGER'S OFFICE 852 North First Street • 3rd Floor /San Jose, CA 951121(408) 971 -6411 • FAX (408) 288 -9385 May 22, 1989 Mr. Harry Peacock City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RE: Odd Fellows Picnic Ground Dear Mr. Peacock: Norman E. Matteoni Allan Robert Saxe Margaret Ecker Nanda Peggy M. Cocker Leslie R. Lopez Pursuant to our telephone conversation of today, enclosed is a list of those groups and individuals who have signed up for picnics this season at the Odd Fellows Picnic Grounds. As you are aware, after this picnic season, the Odd Fellows intend to preclude the use of the picnic grounds by outside groups and limit all use of the grounds to Odd Fellow activity. However, the Odd Fellows did schedule picnics under the interim administrative use permit and felt they could have those picnics even though they did not intend tozseek`a conditional use permit to allow picnics by outside groups' in the future. _It appears though, that the Odd Fellows, in order to allow the picnics which are already scheduled, will have to obtain a conditional use permit. I have scheduled with Steve Emslie a conditional use permit hearing before the Planning Commission on June 14, 1989. Odd Fellows are requesting this conditional use permit only to allow the picnics already scheduled to proceed, therefore the permit will only be effective for a period of six months. Mr. Harry Peacock May 22, 1989 Page Two The Odd Fellows have sent to all the scheduled picnic users a copy of the interim rules. Further, based on our last telephone conversation, the Odd Fellows have told the scheduled picnic users to contact you by letter explaining the details of their picnics and requesting a picnic permit. Please do not hesitate to call me if you have any questions regarding this matter. Very truly yours, PEGGY . COCKER PMC:sd encl. cc: Steve Emslie, Planning Director Saratoga City Council Saratoga Planning Commission Art Cort Max Holloway Larry Wilkinson Bob Barton MAY 2 31989 CITY OF SARATOGA CITY11HIANAGER'S OFFICE 000 FELLOWS Hn-ME (IF CALIFORNIA 14500 Fruit-ale Avenue Saratoga, CslLfornia 95070 May 9, 1989 %lay 26-29 Cdd Fellc,.,rs Travel Bob Fre_man 2 -::6 -8377 June 2 1.,.est '.'.-,lley College Bill ?,,hitrey 867-2200 x.7781 June 3 Fleet Reserve =`140 Marty Galinsl-,7i June 9 Edith Da•...-scn June 10 11-i C, r ry I s P R n t -Rore r t =e r June 11 1 a r- i Lcdge B.L. '-f,_-"_,_,-.ser June 1 3 Re t. I C Pi_:bllic Barbara Cai7..cIbell June 17 1 rue - elloT..ship Lcc.-,,::e =52 Dick Miller 371-1080 June 1 �3 7­1 .I ;- C0 (carity organ.) Tony Dellmonico - June 21 Sons --r Retirement =32 ? TI-_­ '-ave said their decosit, and I don't have a contact cer-zon. June 25 Larry's Friends (private) Larry Wilkinson 741-1244 July 9 American Legion Marty Galinski 264-4079 July 15 Family Reunion(resi�ent) Art Bristow 7 4 1 - C"� 19 July 16 Rebekah Lodges of Dist. #3 Harold Cunningham 292-7871 July 23 Hungarian Church Stephen Farkas (415)965 -8422 Aug. 6 Campbell Eastern Star Gerry Fitzpatrick 378-71833 Aug.12 (113?) Grande Lodge Picnic I.O.O.F. Aug. 17 Telephone Pioneers ? ? Aug. 19 (private) John Sutton 238-3223 Auc 1. 25 P.G. & E. Mary Malmgren 282-7202 Aug. 26 S. Jose Goldiggers B.L. Martinsen 243-1766 --Aug. 27 Hungarian Church Stephen Farkas (415)965 -8422 Sept. 16 L.A.".I.R. Doug Trebbin 736-0744 Sept. 18 Los Gatos S.I.R.s t141 August Schettino 266-4894 Oct. 9 (private) Judge Ed ':e1son 299 -2265 MINUTES PLANNING COMMISSION MEETING JUNE 14, 1989 PUBLIC HEARINGS Continued Page 5 Mr. Ralph Borelli did not object to picnics under the Guidelines established by the City; he cited recent noise violations, parking overflow into the neighborhoods and questioned what regulations were in place to regulate the hook -ups required by RV's. Finally, he noted an apparent contra- diction that the Odd Fellows, who did not wish impacts from a through road on their property, were willing to put up with renting the site for large picnics. Mr. Vic Monia, Granite Way, Saratoga, suggested the use of an escalating fee schedule for fines imposed when requirements were not complied with; he commended the proposed agreement. Mr. John Rulay, UNICO, questioned the purpose of an attractive community without any heart; he reviewed their efforts to organize a successful fund raiser on June 18th. An identified speaker reminded the Commission that the Odd Fellows had been there 76 years; residents in the area should have known about the Odd Fellows activities when they moved in. BURGER/HARRIS MOVED TO CLOSE THE PUBLIC HEARING AT 9:04 P.M. Passed 6 -0. Commissioner Burger noted that from June 17th to Labor Day weekend, if the private events and Odd Fellows/ Rebecca's picnics were eliminated from consideration, there were only nine dates. Planning Director Emslie confirmed that Sundays were prohibited due to the lack of CSO's on duty. Commissioner Kolstad citing the difficulty of arranging large events, favored allowing picnics on Sundays for pre- scheduled events; a reasonable transition for eliminating the picnics was required. Chairperson Siegfried suggested a set number of picnics be allowed. Commissioner Burger agreed this was a transition period of a long - standing use. Only nine picnics were under consideration; she favored the Guidelines established by the City Manager, with the exception of a prohibition of Sunday, and a prohibition on holding picnics on consecutive days. The commitments made should be honored. Commissioner Tucker agreed. BURGER/TUCKER MOVED TO APPROVE UP -89 -003 PER THE LIST SUBMITTED BY THE ODD FELLOWS FROM JUNE 17, 1989, TO AUGUST 27, 1989, PER THE "CITY OF SARATOGA'S INTERIM RULES FOR OPERATION OF THE ODD FELLOWS PICNIC FACILITIES" WITH DELETION NUMBERS 3, 4 AND 12. Passed 6-0. Break 9:15 - 9:30 P.M. 16. DR- 89-041 Dividend Development, 13150 Saratoga Ave., request for consideration of SD- 89-006 a final development plan, vesting tentative subdivision map and a lot line ad- LL-89-001 justment to create a mixed -use housing project consisting of 75 townhomes and a senior housing facility. The senior housing facility would consist of 23 patio homes, 185 condominium units, a 32 bed personal care facility and a 45 bed skilled nursing facility. This site is zoned multiple use planned development district. An Environmental Impact Report has been certified for this project. -- ---------------- - - - - -- _ _ _ _ ----- - - - - -- --------------- - - - - -- Planning Director Emslie presented the Report to the Planning Commission, dated June 14, 1989. Planner Graff reviewed the Staff Report, Analysis of Issues. The Public Hearing was opened at 9:35 P.M. Mr. Dick Oliver, Dividend Development Company, presented renderings, Site Plans and a color board. Applicants were now considering naming the project "Vineyards of Masson" and "Villas of Masson ". They were not authorized to use the name "Paul Masson "; however, the use of the emblem was permitted. He requested a decision on the Lot Line Adjustment Application. Per previous discussions with the City, the number of townhouses was reduced from 84 to 75, the front entry space was reconfigured to create more open space, the number of cottages reduced from 25 to 23 and the number of condominium reduced from 190 to 185. The condominiums were redesigned from one - bedroom units to two - bedroom units without changing the square footage. Mr. Oliver asked that studies on the carbon monoxide levels not delay the project approvals; the required market analysis had now been contracted out. Finally, an operator for the senior facility could not be found without knowing the Conditions of Approval. PLANNING COMMISSION MEETING Page 4 JUNE 14, 1989 PUBLIC HEARINGS Continued An unidentified speaker requested information on the Village zoning; information was provided. HARRIS/TUCXER MOVED TO CLOSE THE PUBLIC DARING AT 8:20 P.M. Passed 6 -0. TUCKER/HARRIS MOVED TO RECOMMEND APPROVAL OF THE NEGATIVE DECLARA_ TION. Passed 6 -0. TUCKER/BURGER MOVED TO RECOMMEND APPROVAL OF AZO -89 -001 PER THE MODEL RESOLUTION. Passed 6 -0. TUCKER/HARRIS MOVED TO RECOMMEND APPROVAL OF ZC -89 -001 PER THE MODEL RESOLUTION. Passed 6-0. 15. UP -89 -003 Odd Fellows Home of California, 14500 Fruitvale Ave., request for a con- ditional use permit to allow outside groups to use the picnic grounds at the Odd Fellows Home. This use permit would be for a limited term, for the 1989 picnic season only. After the 1989 season, use of the picnic grounds --- _-- - - - - -- would be limited to the Odd Fellows only. ----------------------------------- - - - - -- - Commissioner Burger offered to report on the land use visit; no report was requested. - -- Planning Director Emslie presented the Report to the Planning Commission, dated June 14, 1989. The Public Hearing was opened at 8:29 P.M. Mr. Lawrence Wilkinson, Executive Director of the Odd Fellows, commented as follows: - Noted that the Picnic Schedule for the Summer of 1989, inadvertently included ten exempt events for Odd Fellows/Rebeccas; an updated schedule would be provided the following day Refuted the implication that picnics were scheduled in violation of the City's Guidelines; picnics were scheduled in the summer of 1988, whereas the Guidelines were received April 21, 1989 - A recent letter accused the Odd Fellows of using amplified sound; the only event that fell within the time frame alluded to was a resident's 90th birthday party with residents and friends - Reminded the Commission that Fellowship Plaza satisfied the General Plan Housing Element requirements; in addition, this land had been frequently used by the City - Cited sound meter readings taken during picnics; standard background level ranged between 52- 56 decibels with 58-64 decibels for the direct reading - Wished to be good neighbors; however, they were a community in themselves with 400 people Mr. 'Ibny Dellimonico, UNICO Charity Organization, presented a signed contract for use of the site Sunday, June 18th and reviewed their efforts toward a successful fund raiser; it would be impossible to cancel the event now. Mr. B. L Martinson, Past Master, Charity Lodge, noted plans for a Sunday, August 27th picnic; they had no objection to any other Guideline imposed. Mr. Norman Bowman, Past Commander, Post 89, noted their use of the Odd Fellow's property for many years and questioned the prohibition on Sunday picnics. Mr. Ray Clark, President, Fleet Reserve Association, noted that on Memorial Day he received a rejection of his application to hold a picnic. Mr. Richard Murphy, President, United Veterans Council, noted that the proposed action would disrupt the Odd Fellows recreational area; the Odd Fellows pre -dated the incorporation of the City. Mr. Galinsky, Past Commander, Post 89, noted that veterans had put their life on the line for this country; he contended that the City's action in this matter was stepping on his right to assemble. A representative of the Hungarian Church asked that they be allowed to hold the picnics scheduled. Ms. Wanda Allinger, Fellowship Plaza, asked why the Odd Fellows were discriminated against. Mr. Jeff Schwartz, San Marcos Rd., Saratoga, thanked Mr. Emslie for facilitating negotiations between the various parties; he favored the Guidelines established by the City Manager. Mr. Don Richiuso reviewed the situation and contended the City directed the Odd Fellows to stop holding picnics as early as October 1988; compliance was the responsibility of the Odd Fellows. He did not object to a reasonable number of participants at picnics if the Guidelines were enforced. RESOLUTION A RESOLUTIONEOFL HE SARANo. TOGAPPBLANNING COMMISSION CITY OF SARATOGA APPROVING USE PERMIT ODD FELLOWS, 14500 FRUITVALE AVE. WHEREAS, The City of Saratoga Planning Commission has received an application for Use Permit Approval to allow picnics conducted by groups not affiliated with the Odd Fellows Home of California 14500 Fruitvale Avenue; and at WHEREAS, the Planning Commission has conducted a duly noticed public hearing at which time all interested full opportunity to be heard and to Parties were given a present evidence; and WHEREAS, the Planning. Commission finds: (a) That the proposed picnics held by groups not affiliated with the Odd Fellows will be in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located. (b) That the proposed picnics held by non -Odd Fellow groups and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impacts. (c) That the proposed picnics by non -Odd Fellows groups will comply with each of the applicable provisions of this Chapter. NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the site plan, and other exhibits submitted in connection with this matter, the application of the Odd Fellow Home of California for use permit approval be and the same is hereby granted subject to the following conditions: 1. No picnic shall start before 9:00 a.m. 2. No picnic shall last longer than 6 hours. 3. No picnics shall begin after 1:00 p.m. 4. All picnics shall end before 7:00 p.m. 5. There shall be no more than 300 attendees for any single picnic. 6. All sound emanating from the picnics shall conform with the City's Noise Ordinance and Noise Element of the General Plan. Permits are required for the use of amplified sound equipment. UP -89 -003; 14500 Fruitvale Ave. 7. Parking shall be located in areas confined to the Odd Fellows property, as shown on Exhibit "A" attached, and shall not adversely impact the adjacent properties. 8. Any violation of these conditions will result in the assessment of liquidated damages of $250.00 per day of the violation. .9. The permit to allow picnics for groups other than those affiliated with the International Order of Odd Fellows (IOOF) shall be issued by the City Manager of the City of Saratoga. 10. Allow picnics as per the IOOF calendar attached hereto as Exhibit B, from June 17 to August 27, 1989. Section 2. Applicant shall sign the agreement to these conditions within 30 days of the passage of this resolution or said resolution shall be void. Section 3. Conditions of this use permit must be complied with at all times or approval will automatically expire. Section 4. This permit shall expire on September 5, 1989 and shall not be extended beyond this date. Section 5. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 6. Unless appealed pursuant to the requirements of Article 15 -90 of the Saratoga City Code, this resolution shall become effective ten (10) days from the date of adoption. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, this 14th day of June , 1989, by the following vote: — AYES: Commissioners Guch, Harris, Siegfried, Tappan, Tucker, and - Kolstad NOES: None ABSENT: None Chairman, PlanniVS,6mmisilo7 A4et , Pl ning Commission The foregoing conditions are hereby accepted. Signature of Applicant Date Existing Paved Parking Maintain Minimum 40 Setback From Parking Lot Landscape Screening Legend: PARKING PICNIC AREA J I � 1 i c o � ' D 1 f _ mat I I t^� I LJ 1 I l EXHIBIT A Oddfellows Interim Permit For Picnics • 1 ! 1 1 1 j f w 000 FELLOWS Hn- ME OF CALIFORNIA 14500 Fruit -ale Avenue Saratoga, Cdliiarnia 95070 May 9, 1989 June Tr::e _ellc.:ship Lodge =52 6e1}e'-je Bill 24E -e — iti'h} .ILA ci. 'e i;e6e*:�-e 1}. }e Marty t eN 86- 3.'_'A m :;,79t- ; .June =_ Sons =.- Reti -ement =32 ? 2. 5�i " vttne r ^rteL --. s -1 - - e � era �� =�e�e 84M. 7=11 -1244 Julv 9 - - E ;4T8' - Rei 'e;;r.;a M Etir ee - - r-;i Julv 15 Family 1eunion(resident) Art Bristow 741 -0419 June Tr::e _ellc.:ship Lodge =52 Dick :,filler June 18 CNICO (c-arity organ.) Tony Dellmonico 267 -2205 .June =_ Sons =.- Reti -ement =32 ? The,, nave zaid their deposit, and I don't have a contact cer -on. June 25 Larry's Friends (private) Larry Wilkinson 7=11 -1244 Julv 9 American Legion Marty Galinski 264 -4079 Julv 15 Family 1eunion(resident) Art Bristow 741 -0419 July 16 Rebekah Lodges of Dist. =3 Harold Cunningham 292 -7871 July 23 Hungarian Church Stephen Farkas (415)965 -8422 Aug. 6 Campbell Eastern Star Gerry Fitzpatrick 378 -7833 -Aug-12 (13 ?) 'Grande Lodge Picric I.O.O.F. Aug. 17 7elechone Pioneers Aug. 19 /na 5 M5 John Sutton 238 -3223 Aug. 25 P.G. & E. ?Mary Malmgren 282 -7202 Aug. 26 S. Jose Goldiggers B.L. `•fartinsen 243 -1766 Aug. 27 Hungarian Church Stephen Farkas (415):65 -8422 "" FED Lpws REL.ATEp �i Rac.11ob EXHIBITS' STAFF REPORT =-I H ; t.( File No. UP -89 -003; 14500 Fruitvale Ave. BEBCUT'" CASE KI- STORY: Application filed: 2/9/89 Application complete: Notice published: 2/9/89 Mailing completed: 6/1/89 6/2/89 Posting completed: 5/25/89 PROJECT DESCRIPTION: The applicants seek affiliated with the Odd Fellows to have Permission for groups not Picni remainder of this summer. After the 1989 picniccsea onotheouse tof the grounds by outside groups will be discontinued. PROJECT DISCUSSION: The application for picnic use comes to the Planning Commission with an extensive histo controversy and neighborhood concern eY� as several years of Odd Fellows representatives have attemptedeto resolveicneighborhood concern by eliminating outside groups' picnics. Fellows desire to complete this picnic season in order to ehonor prior commitments. STAFF RECOATION: Staff recommends adopt Resolution UP -89 -003 to grant outside terminateuoneS September extensions after this dater. ATTACH?fENTS : 1. Staff Analysis 2. Resolution UP -89 -003 3. Administrative Rules 4. Odd Fellows Correspondence S. Neighborhood Correspondence. 6. Exhibit "AN SE /dsc that the Planning Commission an interim use permit for conditions contained herein. 5. 1989. There shall be no 000058 UP -89 -003; 14500 Fruitvale Ave. STAFF ANALYSIS ZONING: R -1- 40,000 GENERAL PLAN DESIGNATION: PARCEL SIZE: 24.75 acres AVERAGE SITE SLOPE: Picnic area is level Quasi - Public Facilities (QPF) PROJECT DESCRIPTION: The R- 1- 40,000 zone requires that a use permit be obtained for institutional uses. Since the Odd Fellows activities predate the City's incorporation, many Odd Fellows related uses are allowed to continue without a use permit. However, several uses have been added over the years since the City's incorporation such as Fellowship Plaza and the California Villas which were constructed in the last 15 years. The picnic usage by groups other than Odd Fellows has never been the subject of the the Planning Commission's consideration until now. The picnic usage by non -Odd Fellow groups occurred in 1988, as in years past, without a required use permit. The Odd Fellows were informed by the City that a use permit was required in order to continue the picnic usage. Odd Fellows representatives then submitted a request for a zone change to permit the picnic activity as well as implement the master plan for modernization. Staff responded to this request by pursuing with the Commission the C -S overlay concept. Odd Fellows representatives then contacted the City Council in February of this year after the C -S overlay concept was_ broached with the Planning Commission. A dialogue with the Council and the Odd Fellows produced an agreement which established administrative rules to regulate outside groups' picnics. The administrative rules were to be used until the Planning Commission acted on the use permit. At the present time, the administrative rules are in use and picnic activity is occurring. After making formal application, the Odd Fellows representatives began a series of neighborhood meetings to discuss parameters for outside groups' use of the picnic grounds. The purpose of these discussions was to formulate conditions for presentation to the Commission at its use permit hearing. The premise of this approach was that the parties most affected would attempt to produce an acceptable solution for consideration by the Planning Commission. Staff understands through communication with both the Odd Fellows representatives and the surrounding neighborhoods, that no picnics by outside groups will be held on the Odd Fellows grounds after this picnic season. The Planning Commission will find correspondence from the Odd Fellows representatives dated May 11, 1989 to the neighborhood indicating discontinuance of the picnics after the 1989 000059 UP -89 -003; 14500 Fruitvale Ave. season. Because several groups are committed to the 1989 season, the use permit request is before the Planning Commission. Therefore, staff sees the issue to be quite plain: the number, duration and size of picnics for the remainder of the 1989 season. Analysis The site conditions for the picnic grounds are shown on the attached exhibit "A." The picnic grounds lie on the northwesterly corner of the site immediately adjacent to homes on Burgundy, Granite, Chablis and Zinfandel Courts, as well as homes on San Marcos Road. The picnics are held in tree covered grounds which is served by a small band shell and a kitchen structure. Parking occurs on open land adjacent to the grounds next to the Burgundy Ct. Additional parking is provided on the lower open space near the administration building and San Marcos Road. The existing mature landscaping screen somewhat visually the activity from surrounding neighborhoods. However, due to the closeness of the picnic and parking, significant noise impacts the surrounding neighborhood. The landscape screen is mostly ineffective in shielding noise from the residential areas. The administrative rules were established to provide stringent regulation of picnic use until the Planning Commission acts on a formal use permit application. Therefore, the•Planning Commission is under no obligation to continue to implement these administrative rules. However, staff feels that an examination of the administrative rules will provide some guidance to address the request for picnic use for the remaining summer months. Attached to this report,,•the Planning Commission will find the 12 administrative rules governing.picnic usage. The focus of the rules is to limit picnics to no more than two picnics per month; limit the size to 300 attendees; prohibit picnics on Sundays; and to restrict the length of picnics to 6 hours. Further, the administrative rules reference the City's Noise Ordinance and General Plan relative to the use of amplified sound. All amplification is prohibited for all uses including the Odd Fellows related activity unless a noise permit.is issued. Given the restrictive nature of the administrative rules, staff finds that their application for the remainder of the season to be a reasonable approach. to phasing out the picnics altogether. The application of the administrative rules would yield two picnics in June, two in July and two in August for a total of six outside picnics this summer. Staff would be inclined to recommend one picnic in September if it is held prior to September 5th, because Labor Day is September 4, 1989. The Odd Fellows representatives have recently submitted their anticipated schedule of picnics planned under the administrative rules which was transmitted to the City Manager. Staff has enclosed 000060 UP -89 -003; 14500 Fruitvale Ave. a copy for the Planning Commissionts reference. The schedule results in serious staff concerns since it is in direct conflict with the administrative rules. Staff has reiterated the administrative rules and expects compliance until further direction from the Planning Commission is given. Staff Recommendation Staff recommends that the Planning Commission adopt Resolution UP- 89 -003 which allows six picnics and one picnic in September if scheduled before the 5th. The permit will expire on September 5th after which time picnic activity by outside groups will terminate. L ji, MI ADMINISTRATIVE CONDITIONS FOR PICNICS AT THE ODDFELL0WS 1. No picnic.shall start before 9:00 a.m. 2. No picnic shall last longer than 6 hours. 3. No more than 2 picnics per month. 4. No picnics on consecutive days. 5. No picnics shall begin after 1:00 p.m. 6. All picnics shall end before 7:00 p.m. 7.. There shall be no more than 300 attendees for'any single picnic. S. All sound emanating from the picnics shall conform with the Cityfs Noise Ordinance and Noise Element of the General Plan. Permits are required the use of amplified sound equipment. 9. Parking shall be located in areas confined to the Odd Fellows property, as shown on Exhibit "A" attached, and shall not adversely impact the adjacent properties. 10. Any violation of the these conditions will result in the assessment of liquidated damages of $250.00 per day of the violation. 11. The permit -to allow picnics for groups other than those affiliated-with the - international Order of Odd Fellows (IOOF) shall be issued by the City Manager of the City of Saratoga. 12. There shall be no picnics permitted on Sundays. A:Oddfell 4 000065 ./Existing Paved Parking � I (Maintain Mi.iaw„ 40' Setback From Parking Lot Landscape Screening i I -tiJ I. N/ 0 0 PARKING i PICWIC AREA I ' I cc 7A m � � r D I I � I I � I Meows Interim Permit For Picnics RECEIVED May 11, 1989 NAY 1 ?. 1989 PLANNING DEPT Dear Neighbors: We have presented to the Odd Fellows Board of Directors your concerns with the use of the Odd Fellows picnic grounds-by outside groups as expressed in your meeting with us and in your letter of May 1, 1989. As stated in your letter, it is your request that all outside groups be excluded from the picnic grounds and that amplified sound be prohibited. The Odd Fellows Board has carefully and thought- fully considered your request and after this year's picnics, it is their intention to limit the use of the picnic grounds to Odd Fellows use and to preclude the use of the picnic grounds by outside groups. You must realize that, despite the Odd Fellows wish to be a good neighbor, this was a very difficult decision to make. Most of the groups who use the picnic grounds are senior and community serving groups which have used the picnic grounds for many years. These groups include local chapters of the S.I.R.'s and the American Legion, as well as the Telephone Pioneer Club ( a retired philanthropic group) and.Unico (a charity organization). It is not easy to turn these deserving groups away from our grounds. If it is later determined by the City of Saratoga and you, the neighbors, that some of these groups may continue to use the picnic grounds subject to certain guidelines, the Odd Fellows will make its picnic grounds available, on a limited basis, to these few groups. The Odd Fellows recognize that in past years the outside groups' use of the picnic grounds has not been as carefully supervised as they would want and they sympathize with the problems this has caused you. Please note that the Odd Fellows, under the interim administrative use permit, have scheduled the use of the picnic grounds this season by some outside groups. The Odd Fellows have discussed this matter with some of the scheduled groups and discovered that it is too late in the season for these groups to cancel their picnics. These groups have already committed themselves and have made the necessary arrangements for the picnics, including the mailing of notices and invitations, purchase of food and beverages, etc. These picnics will be subject to the guidelines established by the City and accordingly will be 000067 May 11, 1989 Page 2 conducted in a manner so as not to disturb the neighbors. The Odd Fellows have sent a copy of the City's guidelines to each group and they are aware they must obtain a separate permit from the City Manager. We will be meeting with the City Manager to discuss the best way to handle the process. In response to your request that you work with a permanent staff member rather than Bob Barton, you should realize that the staff members, as well as Bob Barton, take direction from the Board and represent the interest of the Board. Bob Barton will continue to represent the Board in all matters related to the Odd Fellows project but, as always, one of the staff members, either Max Holloway or Larry Wilkinson, will also be working with Mr. Barton and meeting with the neighbors to establish a good relationship. Lastly, as to your question regarding the use of the campground trailer park area, this facility is provided for the use of those members of the Odd Fellows and visitors of the Odd Fellows residents who are passing through the area. Generally, these stays are no longer than a couple of days. We hope that the amicable resolution of the - picnic issue signals the beginning of a cooperative and working relationship between the neighbors and the Odd Fellows to the benefit of us all. MAX M. HOLLOWAY", Secretary Board of Trustees, Odd Fello s Home,; / tI 1 LARRY ILKINSON, Executive Direi�tor, Odd Fel ows Home tOBERT R BARYON Project Consultant CC: Harry Peacock, City Manager Sa atoga City Council atoga Planning Commission 1111.• RECEIVED JUN - 8 1989 PLANNING DEPT June 5, 1989 Chairperson Planning Commission City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Enclosed are documents which I believe are critical to the consideration of a Use Permit for the Odd Fellows Picnic Ground. Please Include them for the record of the Public Hearing to be held on June 14, 1989. For your convenience, attachment A to this letter provides a list of the documents I have submitted. Of particular importance is the Picnic Area Policy that was used for all events in 1988. To my knowledge, there were no complaints during the 1988 season and we believe that a modified form of this policy should be adequate to manage all future events. Regards, Ronald R. Cooke Member, IOOF Cupertino Lodge #70 RC4:097 Enclosures 0000'76 ATTACHMENT "A" A. Letters of support for the continued use of the Odd Fellows picnic grounds by outside groups. 1. Bert Toeues, SIRS Branch #32 2. Barbara Campbell, Retired Public Employees Association 3. Charles Cruz, Pacific Service Employees Association 4. Ray Clark, Fleet Reserve Association 5. Merc Maran, Veterans Coalition League 6. Charles Framiglis, Disabled American Veterans 7. Robert Foster, Veterans Employment Committee 8. Benson/ Gal insky /Bowman, American Legion Post #89 B. Two Petitions; one signed by 33 Saratogans and one signed by 71 non- Saratogans, all in support of the continued use of the IOOF picnic facilities. C. A copy of the IOOF Picnic Area Policy used for the 1988 season. D. Letter from the IOOF to the City of Saratoga dated October 10, 1988 explaining their position. E. Partial list of picnic ground users for the 1988 season. 0000'77 LOS GATOS, CA 95030 408 354 0385 October 24, 1988 The Hon. Karen Anderson, Mayor City of Saratoga 137715aratoga Avenue Saratoga, CA95070 Dear Madam Mayor: It is my understanding that the IOOF Lodge has been ordered by the City of Saratoga to discontinue all public events on their property. This is very disconcerting to me as "Big Sir of Branch 32, of Area 20 of SIRS (Sons in Retirement). Our Branch of SIRS has been holding It's summer barbeque at the lovely picnic grounds of the Odd Fellows for the past 18 years. Our Inability to continue this practice will work a considerable hardship on our membership (fifty members and approx fifty wives, are from Saratoga). We will greatly appreciate your help in the cancellation of what seems to us as a rather capricious act. This, particularly so since we went through this matter a bit less than a year ago and assumed that it had been put to rest. Respectfully submitted. J. E. Toevs CC: The Hon. Martha Clevenger, David Moyles, Donald Peterson fill ; RETIRED PUBLIC EMPLOYEES ASSOCIATION OF CALIFORNIA CHAPTER 31 October 20, 1988 The Hon. Karen Anderson, Mayor City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca. 95070 Dear Mayor Anderson, This letter is written to you express support for the Odd Fellows in to serve the community and the entire excellent picnic area facilities. and the City Council to their desire to continue area through use of their The Retired Public Employees Association is a state —wide advocacy and support group for those of us receiving our pensions through the Public Employees Retirement System. Our Chapter 31 is one of many chapters statewide. Annually we host a picnic for our members, with average attendance of about 150 persons. In 1987 we had our picnic day at the Odd Fellows Home and were surprised to find the space essentially not available for 1988 when we then went to the YMI Hall. He feel that our June picnic day, usually held the second Tuesday, can not present a community problem. A few of us arrive about 8:00 a.m. to set up and start the barbecue and we are completely out by 3 :30 p.m. Our members arrive about 11 a.m. and leave about 2 :30 p.m. Me have no loud music or speaker system. Some S7 of our members are Saratoga residents according to our mailing list. He do urge your consideration in working out with the Odd Fellows a way to continue to offer the facilties to groups such as ours. Sites such as this are rare and I do think it is important that they continue to serve the community. Thank goes for your consideration. Sincerely, Barbara J. Campbell President cc Members of the Saratoga City Council hapter 31 Board of Directors Mr. Ron Cooke 3S E1 Paseo Campbell, Ca. 95008 377 -6384 000079 PACIFIC SERVICE EMPLOYEES MISSION TRAIL REGION A S S 0 C I AT 10 N L 111 ALMAOEN BLVD., SAN JOSE, CALIFORNIA 95n W= SAN JOSE OMSION I t t Almaban SMAGW ! San dose. Cawom a get 1SUp0e OFFICERS 1988 Chang Gus Chairmen Diana Dominguez Vice Chairman Jan Larsewe. Secretary 0eornwieeta.Tre.surer November 1, 1988 COMMITTEES ADVISORY Mitch 011 AMATEUR RADIO Don" &in"' ATHLEflC Mayor Karen Anderson MAM A 13777 Fruitdale Avenue BLOOD BAW 000 Rune Saratoga, CA 95070 Kann Z... CO,, I� Re: Oddfellows Home EDUCATION jams +llowd Dear Karen: FIVE -THIRn Loon" GIN MEMBERSW It has come to my attention that the Oddfellows Home will no PERSONAL COMPUTER ACTMM longer be available for our annual PG&E Retirees Picnic, which is PRO TPEoRmTY sponsored by the Pacific Service Employees Association (PSEA) . PUBUCm MsawftEo.n. This comes as a very big disappointment to both us and our . RECREATION PWWT retired employees. For the past several years our retired employees have enjoyed the relaxed and safe surroundings the - RocuN Oddfellows Home has provided. Approximately 300 people attend SOCIAL ACrWE3 this function. " S. We ask that you reconsider this decision. CREDR UNION ""- Si3u RILBA REPRESENTATIVE Stepnarr. PenAy - C Charles Cruz Chairman, San Jose Section cc: City Council Ron Cook (19263 Bockton Lane, Saratoga) 0 000030 LUTALT♦ - - -- ... FLEET RESERVE ASSOCIATION 01. I-' -, `� BRANCH 140 ti °s San Jose, California BRANCH: UNIT - 140 MEET EACH MONTH THIRD SUNDAY -1035 OW ST. SAN JOSE, CA. 2 PR. ---------------------------------------- PRESIDENT SECRETARY CHAPLAIN RAY L. CLARK CARL 11UESTEFELD Lou GoL11 265 -6461 -296 -7905 258 -1485 November 28, 1988 Karen Anderson, Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Re: use of I.0.0.F grounds by the American Legion Post 89 — picnic Dear Mayor Anderson; We support the request of the American Legion Post 89 for a picnic on the grounds of the I.O.O.F. who are willing to accomodate them subject to the approval of Mr. Harry R. Peacock. We are appealing to you and the Saratoga City Council to make an wxception in this case because of the age and disabilities of the veterans that will be provided with an i^:rortar%t participation for them, because of the very limited resourses available to them. Sincerely; Ray L. Clark` President V 1111• `11�iCafsdt0 }i'o,nott'tactva►td'�' �,tionix Co.w�u�y� Af.,.i Neexan5 CO 1825 Comatoek Lane San Jose, CA 95124 November 26,1988 ( 4o8) 264 -6410 Karen Anderson, Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Anderson; We have reviewed the correseondence from the American Legion Post 89 addressed to you requesting permission to hold their annual picnic on the 1-0-0.F. .grounds in Saratoga. We also reviewd the letters of October 10,1988 from the Odd Fellows to Mr. Harry 3. peacock, City Manager and his response dated September 28, 1988, WE can appreciate the need to comply with the applicable city ordances situations. ki the issue, what is lacng is the flexibility for special circumstance s There is a need for human concerns and understanding to meet the unmet needs of groups such as the older and disabled veterans, not an autocratic process. The picnic planned by the American Legion Post 89 has a social, recreational and more important therapeutic value. great deal of We fully support their request. cc. Ron Cook 1926; Droekton Lane Saratoga, CA 95070 Rerpectfullyy,;� " Mere Maran, Ph.D Executive Secretary L16AJ3LED AMERICAN VFTF I? AATC MACHADO MEMORIAL SAN JOSE CHAPTER 11 4932 Alan Avenue San Jusc, California 95124 INCORPORATED BY - J, 1 V ACT Of CONORE98 JUNE 17, 1934. AA/ENOEO JULY 0. 1912 Maetingsof � Third F ^daY Monih 8:00 PM. Mercury Savings &Loan 859 Blussom Hill Ruad San Jose, Califurnia 8:00 P.M. Commander November 25, 1988 EDDIE SPATZ Karen Anderson, Mayor City of Saratoga Re: American Legion Post 89 Sr Vice Commander 13777 Fruitvale Ave. request to use I.O,O.F. BILL ISHIDA Saratoga, Ca. 95070 Picnic grounds with their approval. Jr Vice Commander Dear Mayor Anderson: FRANCIS JEFFERY The controversy regarding the use of the r chaplai,r Order of Odd Fellows is contained in correspondence fromlPostn89 ofal the American Legion to you and also that exchanged between I.O.O.F. MELMERRIFIELD and Mr. Harry R. Peacock, Saratoga City Manager, .(r. Past Commander We support the American Legion, Post 89's request, especially DALE E.FORREST sidering the fact that the I.O,O.F, which is conducive and accessible in meeting the nee P lly con- the w capped and seniors. Picnic area is the only facility PP (In this case the older veterans) of the handi- C.J. FRA,IIIGLIO Treasurer We do not intend to become involved in any zoning issue. LARRY WATKINS However, if there is in fact a specific p facility, we do feel that deviation from itiis appropriateoastae Semice Q cer humanitarian gesture by the City of Saratoga, because of the persons NATHANIEL HART for whom the picnic is planned. Erecilrrve COmmirree Respectfully, R. CHAMBERJIAN AL TORTOLgNO JOHN LEE R BRETSCHNEIDE Charles J. Framigl io, DALE E FORRESr R Adjutant (chairmaN 000083 O RE�1E41BER THE DISABLED A�1ERICAN VETERANS. MAC �. Q HADO MEMORIAL SAN JOSE CHAPTER 11, IN YOUR WILL VETERANS EMPLOYMENT COMMITTEE OF SANTA CLARA COUNTY Karen Anderson, Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Anderson; 601 Kenneth Avenue Campbell, CA 95008 November 25, 1988 The Santa Clara County Veterans Employment Committee respectfully requests that the American Legion post 89 be granted permission to hold their annual picnic on the grounds of the Internatio Fellows. nal Order of Odd The specific purpose of this picnic is'to enable the older veterans to socialize. Many of them are without families and disabled. The I.O.O.F is willing to allow them to use their facility. The age and physical condition of this particular group of veterans that will attend the picnic requires some feeling of compassion and understanding -- by the City of Saratoga. cc: Ron Cook 19263 Drockton Lane Saratoga, CA 95070 ,p Respectfully; 'Robert Foster erg_ Chairman 1111:� SAN JOSE POST 139. Inc. THE AMEFR I CAN LEG I ON P-0- Box 1133 San Jose. CA 95108 Karen Anderson. Mayor City of Saratogfa 13777 Fruitvale Ave. Sarat ofta. CA 95070 Dear Mayor Anderson: San Jose Post 89. The American Legion. requests that Saratoga City Council take such action as is necessary to allow our continued use of ODD Fellows Home's picnic grounds onto a year in early Sumer. Post 89 is the pioneer Post or the Legion in Santa Clara County. and has held its annual membership picnic on the grounds of International Order or Odd Fellows at 14500 Fruitvale Ave. • for the past five years. In June or 1988. after considerable confusion over IOOF ability to let us continua using the facilities. we did gin Permission to use the picnic grounds. Our concern lies in the Sept. 28, 1988, letter of Saratoga City Mgr. Harry lZ Peacock to Mr. Lawreence Wilkinson, Executive Director of the IOOF Hoes, that it is in violation or Sec. 15- 05.040 of Saratoga Mtaaicipal Cods and Sec. 15- 12.030 (b) roquiring IOOF to obtain a use permit for its picnic area for cO— Z-iitY Purposes. We were advised early in 1988 that City or Saratoga would require us to obtain a picnic permit_ This won overlooked and tie were allowed to hold the picnic. Odd Fellows Hoes doom not charge us for use or the picnic grounds because xe arm a non - profit veterans organization and our members are mainly senior citizens. Picnic attendance or not more thaw 150 is conrined to members.�their spouses, children and grandchildren. $ome members are World War I veterans and are now in their 908s. while World War II veterans are in their into 60 •s. We pay close attention to not using public address systems or loud music, lsays the premises spotlessly clean. there are no groin activities melting noise or any kindo and all activities are concluded by 5 p.m. Post 89 finds these picnic grounds particularly suitable 000085 eor its members because there is full access for wheelchair and handicapped people, and it is within reasonable driving di£;tance of nearly the entire membership. Some of our active members are also members of International Order of Odd Fellows. We believe that if use of this facility is denied to us for reasons of zoning regulations and very high permit costs. the Post's annual picnic will have to be abandoned because there is no comparable facility we can use in Santa Clara County. San Jose Post 83 asks Saratoga City Council to favorably consider the position of 100E Home's community, use of its picnic facilities on the basis of such use since 1911. City conditions for quiet use of the aroa, no accumulation of trash and restriction of usage to specific hours are understandable and would be non- restrictive to our group. Sincerely. Robert O. Benson Commander in F. Galinsky Past Commander Picnic Chairman, Norman H. Bowman Past Commander 000086 PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA This petition is presented to the Saratoga City Council on behalf of Saratovans who are members of Branch 32 (SIRS) Sons in Retirement. We wish to give our support to the Independent Order of Oddfellows (IOOF) regarding their Land Use which the city alleges is in violation of Section 15- 05.040 and 15 -05.M—O—Tb7 of the Saratoga Municipal Code. Seniors in Retirement have used IOOF facilities for the past 18 years. It is difficult to understand that community use of this land since 1912 has caused anyone inconvenience, and we urge the City Council to work to resolve this issue of IOOF using their own land for community senior functions. NAME ADDRESS UM"M M►�L��I1i 151"C a -PLc'1 /y, 4!i zef SFlRA7-06r+qf 64 000087 OA/Z Y PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA This petition is presented to the Saratoga City Council on behalf of Saratogans who are members of Branch 32 (SIRS) Sons in Retirement. We wish to give our support to the Independent Order of Oddfellows (IOOF) regarding their Land Use which the city alleges is in violation of Section 15- 05.040 and 15-05.M-07`67- of the Saratoga Municipal Code. Seniors in Retirement have used IOOF facilities for the past 18 years. It is difficult to understand that community use of this land since 1912 has caused anyone inconvenience, and we urge the City Council to work to resolve this issue of IOOF using their own land for community senior functions. NAPE ADDRESS • 1• G� 4 • 491 �i S •�_� �') .f a r 5. 7 • 8. 491,r 1 U /�SIbN <. .s/�4/aTvrfl —� —jr z� 12. 3 2� w 13. 14. 15. 1111:' 0 PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA This petition is presented to the Saratoga City Council on behalf of S aratogans who are members of Branch 32 (SIRS) Sons in Retirement. 4: to support to the Independent Order of Oddfellows (IOOF) regardinghtheiriLanduUse which the city alleges is in violation of Section 15- 05.040 and 15-05.T X757 of the Saratoga 1-'unicipal Code. Seniors in Retirement have used IOOF facilities for the past 18 years. It is difficult to understand that community use of land since 1912 has caused anyone inconvenience, and we urge the City Council work to resolve this issue of IOOF using their own land for Community his functions. y senior Y ouncil to NAPE ADDRESS 2 3. 4. 5. 6. 7. 9. 10. 11, 12. 13. 14. 1.5. C Ct 0 11 Lti Sz�.T z4A- I�1R4To�,J,v1 DNG y PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA We, the undersigned members of Branch 32 Sons in Retirement (SIRS) as members at large support The Independent Order of Oddfellows (IOOF) regarding their land use which the City of Saratoga alleges is in violation of Section 15- 05.040 and 15-05.030 of the Saratoga Municipal Code. Branch 32 SIRS has used picnic facilities of the Oddfellows for the past eighteen years, and these facilities have had public use since 1912. It is difficult to conceive that these facilities cause undue inconvenience to nearby residents. We urge the City to work out an amicable agreement with the Oddfellows which will perpetuate the community use of these facilities for Senior Citizens. NAME ADDRESS in�? U "." 2. JVA 6. 2 z " 7/ cE - -- S T �G 7. 8 �-t OT ZL 10. 5363 IL S71 12. z-Fsd, / fed' )n gvd-t/k/.4 f 13. >4/ 6v Z:)/ 14. 3 1s 000090 PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA We, the undersigned members of Branch 32 Sons in Retirement (SIRS) as members at large support The Independent Order of Oddfellows (IOOF) regarding their land use which the City of Saratoga alleges is in violation of Section 15- 05.040 and 15- 05.030 of the Saratoga Municipal Code. Branch 32 SIFTS has used picnic facilities of the Oddfellows for the past eighteen years, and these facilities have had public use since 1912. It is difficult to conceive that these facilities cause undue inconvenience to nearby residents. We urge the City to work out an amicable agreement with the Oddfellows which will perpetuate the community use of these facilities for Senior Citizens. NAME • I n.l.e i' __--ter )L.y�'/�'! t_n.� 2 y 3. 5. 6. 7. 8. At / *� 9 r' 1 ,owl• ADDRESS t ell OL tAZYY 1 Jr �1 r �v 000091 PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA We, the undersigned members of Branch 32 Sons in Retirement (SIRS) as members at large support The Independent Order of Oddfellows (IOOF) regarding their land use which the City of Saratoga alleges is in violation of Section and 15- 05.030 of the Saratoga Municipal Code, 15- 05.040 facilities of the Oddfellows for the past eighteen years, andstheseufacilitiec have had public use since 1912. It is difficult to conceive that these facilities cause undue inconvenience to nearby residents. We urge the City to work out an �es amicable agreement with the Oddfellows which will perpetuate the Communit use of these facilities for Senior Citizens. Y NAME - _ ADDRESS 000092 ;p r C y.1 7Y PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA We, the undersigned members of Branch 32 Sons in Retirement (SIRS) as members at large support The Independent Order of Oddfellows (IOOF) regarding their land use which the City of Saratoga alleges is in violation of Section 15- 05.040 and 5- 05.030 of the Saratoga Municipal Code. Branch 32 SIFTS has used picnic facilities of the Oddfellows for the past eighteen years, and these facilities have had public use since 1912. It is difficult to conceive that these facilities cause undue inconvenience to nearby residents. We urge the City to work out an amicable agreement with the Oddfellows which will perpetuate the community use of these facilities for Senior Citizens. NAME ADDRESS 1. 2. S. 000093 I PETITION TO THE CITY COUNCIL OF THE CITY OF SARATOGA We, the undersigned members of Branch 32 Sons in Retirement (SIRS) as members at large support The Independent Order of Oddfellows (IOOF) regarding their land use which the City of Saratoga alleges is in violation of Section 15- 05.040 an .030 of the Saratoga Municipal Code. Branch 32 SIRS has used picnic facilities of the Oddfellows for the past eighteen years, and these facilities have had public use since 1912. It is difficult to conceive that these facilities cause undue inconvenience to nearby residents. We urge the City to work out an amicable agreement with the Oddfellows which will perpetuate the community use of these facilities for Senior Citizens. NAME 2. ADDRESS i %S 12. 13. 14. 15. 000094 PICNIC AREA POLICY Policy It is the policy of this facility that the Picnic Area, which has been established and maintained by 'the Odd Fellows Home of California, shall be made available to organized groups of. the community in accordance with designated rules of operation. Rules Of Operation Reservations 1. Reservations are required for use of the Picnic Area. 2. Reservations may be made by telephone, pending receipt of 'confirmation form and deposit by this facility. Registration Fees 1. Organized community groups who have made reservations for use of the Picnic Area shall register in the reception office PRIOR to the beginning of use of the picnic area. 2. Registration shall include the name of the responsible person to contact while the group is on our grounds, name of the group, number of persons using the picnic area, and payment of the per person rate, and signing a release form to relieve Odd Fellows Home of California from any liability. 3. Registration sign must be posted in the designated space provided in the Picnic Area. Fees designated below are suggested as minimum donations for the use of the Picnic Area and include the following: kitchen, restrboms, electricity, water, trash collection, security services, games, B- B -Q.s, and parking. (Also included, with special permission, are the bandstand, microphone, and piano.) P7 000095 R 41 Reservation Deaosit - $50-00 (Payable at the time of reservation. This fee is reE±lable if the grounds are left clean and undamaged) Per Person Rate - $1.00 (Payable at the time of registration PRIOR to use of the picnic area. This fee is non - refundable and subject to verification by facility staff.) The per person rate may be waived by the Superintendent for all Odd Fellow- Rebekah lodges or employee family groups upon request. Hours The Picnic Area is open from 6:00 AM to 9:00 PM for setup and cleanup crews. Groups are requested not to arrive before 8:00 AM and to leave by 9:00 PM, including policing the grounds. Rules of Operation 1. Cleanliness - We have attempted to provide you with a clean picnic area, and: we request that you maintain the grounds in a clean and sanitary condition during the time of your stay with us. 2. Trash - Trash cans are provided for your convenience. Please do not allow any trash or food scraps to accumulate on the grounds or tables. 3. Burning - No open flame burning is permitted. 4• Pets - All pets must be kept on a lease at all times. (Please be considerate of the facility and Your guests by using your "Pooper- Scooper" when required by your pet.) Do not disturb the natural animals in order that we may preserve this wild sanctuary. 5. Noise - Picnics are supposed to be fun, however; remember that our neighbors and residents are not part of your picnic and your consideration of them is expected. • 6. Kitchen /Rest Rooms - If the kitchen and rest rooms are used, please leave them clean in consideration of others. 1 . 000096 to ti 7. Tables - If you move the tables, please return them . the original positions. %4. 8. B -B-Q - When you`,light your B -B -Q, please be careful that the flames do not flare and damage our trees. 9. Area of Use - You are rm Area only: If you would like htousee the rest cnic our facility, please contact the receptionist and a guide will be provided. 10. Bandstand - The bandstand is to be used only by special p ermission. Children are not permitted to play on the bandstand. 11. Piano - The piano may be used by special permission only. 12. Microphone - A microphone is available for your use upon request. 13. Parking - Do not park in the driveway. maintain emergency vehicle clearance. We must in the driveway of the Superintendent'so residence because it is not part of the Picnic Area. 14. Emergencies - If a member of our emergency medical attention y groups needs reception office to call 911.please contact the Provide any form of medical attention tbecause cannot are not licensed to provide care to the general public. 15. Damage - The group registered for use of the Picnic Area is responsible for any damage to the equipment or facilities. If you discover any problems, please contact the receptionist. 16. Notices - You are responsible for reading and observing any notices posted on the Picnic Area bulletin board. 1989 i. May 1, 1989 Oddfellows Lodge 14500 Fruitvale Saratoga, CA 95070 Dear Sirs: We, the undersigned, are a group of neighbors of the Oddfellows' Saratoga property. We are not a Homeowner Association and we do not represent the entire neighborhood. We have spoken with a large number of our neighbors and we believe that our comments do generally reflect the sentiments of a substantial portion of the neighborhood. Three weeks ago, three of us (Vic Mopla, Dom Richiuso and Jeff Schwartz) had a lengthy and candid meeting with the Executive Director of the Home,. the Director of the Lodge, your attorney, Peggy Cocker and your planning consultant, Bob Barton. The meeting seemed quite promising but we have been disappointed with events since then. At the meeting, we were asked for a proposal to resolve the picnic problem. We presented our ideas and discussed them in great detail. Our proposal that evening for the picnic grounds was simple and very specific. We were told we would have a response to that proposal'as soon as your Board met that Friday. Instead, no one contacted any of us until some two week& later when Dom Richiuso began to call to find out why- wt had received n ., response. The - response conveyed to us by Bob Barton is also disappointing. Your representatives spent a lot of time with us discussing our proposal and it would have seemed more constructive and faster had your Board responded to our ideas or presented some alternate plan for resolving the problem. You asked us for a proposal and we gave you one. Your response is to ask us to do it again, this time in writing. 000141 Oddfellows Lodge May 10-1989 Page Two, However, the important thing is to resolve as many of the problems between the Oddfellows and the surrounding neighborhood as possible and there is no reason we should not put our proposal in writing. We have done so below. On another note, we understand that the Board would like Bob Barton to speak for the Oddfellows with regard to the surrounding neighborhood. We can readily understand your desire to have a single channel of communication so that conflicting messages and misunderstandings are minimized. However, there was a time when relations between the Oddfellows property and the neighbors were extremely positive. There was a staff member at the Oddfellows who knew many of the neighbors quite well and informal communication and cooperation was the rule, not the exception. If you ask'us to work exclusively with Mr.Barton, who next year may be consulting on a project in another area or another state, it does little to build an ongoing positive relationship between the Oddfellow• and the neighborhood. It would seem to us to make more sons* to work with a permanent staff member like Max or Larry, so that some continuity is'established. With regard to the picnic grounds, w►'would propose simply that all outside groups be excludq& and that amplified sound not be used. We have no objection to picnics of or for the residents of the Home. We recognize the value for the residents of the•HUme of events such as a Lodge putting together a picnic for the elderly Oddfellows and /or Rebeccas. We do not want to interfere with that kind of event in any way. We also recognize the longstanding tradition of a once a year gathering of Oddfellows from all over the state. ;Ve recognize that the yearly gathering will be large, involve a good deal of traffic and probably be quite noisy. We would support your continuing with that event on a once a year basis. We would ask that you put some notice in the local newspaper or otherwise let neighbors know in advance of the date of that gatherinq'*so that the immediate neighbors have advanc* notice. It all outside groups (corporate employees, hot rod clubs, retired county employees, dog shows and the like) are asked to-find alternate picnic locations, of 000102 oddfollows Lodge May 1, 1989 Page Three. which there are a great many in this county, then we believe that the neighborhood can and will be not only tolerant of, but supportive of, those events which. directly involve the residents of the Oddfellows Home and the residents of Fellowship Plaza. Ws are also concerned with the campground /trailer park area and the permanent hook -ups for mobile homes /travel trailers. Would you please let us know your current policies and procedures for use of that area. Who may use that area, how long can they camp and how many people or vehicles can park overnight at once? Does the City currently regulate campground use? Sincerely, ')t, )— Dom and Louise Richiusa-,V, ,C t o 'Zr ' Vic and Karen Monia �S s (: �* Q.cW AIN►. Jeffrey and Cynthia Schwartz Ralph and Gina Borelli �S . Bob and Sheila Swanson cc: Saratoga City Council Saratoga Planning Commission Peggy Cocker We acknowledge and agree to the above conditions concerning th4 use of the-Oddfellows picnic grounds signature For the Oddfellows Lodge title date 000103 CYNTHIA B. SCHWARTZ D �a W JEFFREY A. SCHWARTZ L� DD 19281 SAN MARCOS ROAD JUL 171989 SARA.TOGA, CALIFORNIA 95070 CITY OF SARATOGA CITY 9iANAGER'S OFFICE Tetephone: (408) 867 -3877 ( 408) 377 -3811 June 30, 1989 Saratoga City Council 13777 Fruitvale Ave. Saratoga, CA 95030. Attention: Betsy Cory Dear Council Members: -This letter is to provide additional information concerning the basis of my appeal of the Planning Commission decision �.-= -- regarding the use of the Oddfellows' picnic grounds. The Planning Commission staff had recommended allowing six picnics, or two per month, between now and Labor Day. The Planning Commissioners discussed allowing eight -or nine picnics, but the actual motion, absent this appeal, would have allowed approximately 15 picnics between the date of that meeting and Labor Day. (All of these comments refer to picnics held by, or for, outside groups. The use of the picnic grounds for picnics by residents of the Oddfellows Home or Fellowship Plaza has never been at issue.) The Oddfellows were put on notice last year that they would need to comply with City regulations regarding a use permit for the picnic facility. They scheduled a full summer of picnics for this year without making arrangements for a use permit. They were given administrative regulations by the City Manager and informed that those regulations were to be followed as an interim measure until their application for a use permit could be acted upon. The Oddfellows ignored those regulations. They scheduled and held Sunday picnics, picnics on consecutive days, and picnics with amplified sound, all in violation of the administrative regulations. The Oddfellows' administrators told representatives of the surrounding neighborhoods and the Planning Commission that the only picnics scheduled for this year were those that they had been unable to cancel because of an inability to reach the people in charge. That turned out to be a complete falsehood. In fact, the Oddfellows were still attempting to schedule additional picnics at the time of the Planning Commission meeting. Saratoga City Council June 30, 1989 Page 2. The Oddfellows packed the Planning Commission meeting with representatives of groups wanting to use the picnic site, and the Oddfellows' representatives condoned these individuals telling the Planning Commission that the City of Saratoga, the Planning Commission and the neighbors were unAmerican, unpatriotic and unconstitutional in considering limiting the use of the Oddfellows property in any way. The Planning Commission was also told that whether they approved the proposed picnic schedule or not, picnics would be held on Sundays. The Oddfellows have told the Planning Commission on two occasions when I was personally present that there is no rental charged for the use of the picnic grounds. Yet one of the people who spoke at the last Planning Commission meeting described sending a $50.00 deposit towards the rent of the picnic grounds and another individual said that if the Planning Commission did not allow the use of the Oddfellows site he would have to arrange for another picnic site that would charge his group higher fees. I believe that a reasonable review of _ the public record will indicate a serious credibility proble —w on the part of the administrators of the Oddfellows property. The staff recommendation was reasonable (two picnics per month through Labor Day, with the rest of the administrative guidelines to remain intact) and I respectfully request that the City Council adopt the original staff recommendation rather than the Planning Commission decision. Sincerely, e A . twar z