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HomeMy WebLinkAbout11-04-03 packetCity. of Saratoga HERITAGE PRES ERVATION COMMISSION ' AGENDA Date: Tuesday, November 4, 2003 8:30 a.m. Place: Warner Hutton House, 13777 Fruitvale Avenue Type: Regular Meeting Please meet in front of the Warner Hutton for an 8:30 site visit to 15095 Fru Avenue. Staff will provide transportation. �\ cv I. Routine Organization A. Roll Call B. Approval of minutes from 10/14/03—�� p 5 C. Posting of Agenda - Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday October 30, 2003 D. Oral Communications E. Written Communications - Letter from Kathryn Tartt Maguire �Sc)S�JS��� IL Old Business ��-tIONS A-6DO7 A. 10:00 am Presentation by the Architect for the Master Plan for the City's Historic Park _,B" Discuss Mustard Walk Preparations — .C. Heritage Orchard update •— \0ls c v 5,-S C Review list of properties with structures 50 years and over in age generated by Staff — C.o ON U ,_„E. Update on the status of the Sam Cloud Building --- IN 'PAc�GY i� wbr&VIW6 k4s -0-IFF F' Update on the status of the West Valley College Structure —00 t+& L;o jUpdate status on Mills Act Contract r.. �.`- l Mc III. New Business ,A lReview plans for a proposed remodel to a home on the Heritage Resource — Co M �s Inventory at 15095 Fiuitvale Avenue 8:30 to 9:15 am Review the status of the proposed barn in the Heritage Orchard- St (,pSC ��. C. Elect a Chair by January 3 _�o L \�J�Li 1 IV. Items Initiated by the Commission -,\��'� tis A Ut)NA -(A MA 1N, -Lki J vJ �� A. Discuss a retreat for the HPC —l`)�' \`J ti `aAUX �C\� i--$. Review the proposed plan to create a Village Historic District Ml� k-.D\ r4 V. Items Initiated by the Secretary A. None �`�, �.i�d� -� a Z l�l �r 7q ri p ('t DUIs p J L-i '[� C rj VI. Items to be placed on the next Agenda A. Adopt a Tree Program for the Heritage Orchard VII. Adjournment 9:00 a.m. Tuesday December 9, 2003, Warner Hutton House, 13777 Fruitvale Avenue City of Saratoga HERITAGE PRESERVATION COMMISSION MINUTES Date: Tuesday, October 14, 2003 8:30 a.m. Place: Warner Hutton House, 13777 Fruitvale Avenue Type: Regular Meeting — There will he a site visit from 8:30 to 9:00. Staff will provide transportation. Please meet in front of the Warner Hutton House. I. Routine Organization A. Roll Call: PRESENT — Ballingall, Conrado, Koepernik, Peck, Lowdermilk (site visits only), Bailey ABSENT — None, one position vacant. , GUESTS: - Sandra Dodge, Jenni Taylor, Mary Jean Fenn, April Halberstadt, Jean and Mac Barrick, Nick Streit, Jill Hunter, Warren Heid, Dorcich Orchard neighbors and applicant, Steve Kikuchi B. Approval of minutes from 9/9/03 — Approved 5 -0 with change to Roll Call Dora Grens absent. C. Posting of Agenda — Pursuant to Government Code Section 54954.2, the agenda was posted on Thursday October 9, 2003 D. Oral Communications - None E. Written Communications - None II. Old Business A. Driving Tour of Downtown Historic District — Conducted tour of Downtown area. B. 10:00 am Presentation by the Architect for the Master Plan for the City's Historic Park — The Architect gave a presentation and then received recommendations from the HPC on refining the proposal. C. Historic Calendar — Received an update on the sales activity. D. Mills Act update — Staff received direction from the HPC to keep the Historic Park as the main priority and work on the Mills Act Contract as time permits. E. Mustard Walk — Item continued. F. Heritage Orchard update — Subject of the Barn being placed in the orchard . came up, and the item was requested to be placed on the next agenda for discussion by the HPC. G. Adopt -a -Tree — Scheduled for November 19`h to City Council — The HPC recommended postponing the CC date until a more detailed plan is prepared. H. Review list of properties with structures 50 years and over in age generated by Staff (attached) — Item continued to next meeting. III. New Business A. Review of proposed improvements in City Right -of -Way on City Heritage Lane at 19102 Austin Way. — Approved 5 -0, with the condition that the old wall be maintained in place with no stucco finish over it, and that the portion of the wall being removed for the driveway be used for the retaining wall leading up the driveway. Only low growing plant materials can be planted in front of the existing retaining wall and all damage to Austin Way be repaired. B. Review of Historic Structure relocation with proposed Dorcich Orchard Subdivision. — Approved 5 -0 with the condition that the historic structure be placed on Lot 5, with the front door facing Kevin Court. C. Review changes to Historic Museum exterior finish. — Approved 4 -1 with Commissioner Koepernik opposed. Item was approved allowing the Board and Batten style siding and asphalt shingle roof with the condition that if funding becomes available horizontal siding be installed. D. Status of the Sam Cloud Building — The HPC reviewed the information provided and Warren Heid provided background on the building. E. Status of the West Valley College Structure — Structure still standing and the demolition process has stopped. IV.. Items Initiated by the Commission A. Retreat — Continue to next Agenda B. Review of new Tree Ordinance — Take off Agenda C. Village Historic District - Continue to next Agenda V. Items Initiated by the Secretary A. Installation of the Austin Way Sign designating the new Heritage Lane — the HPC reviewed the new signs on Austin way during the site visit. Item completed. B. Next meeting agenda falls on Veterans Day, Staff recommends November 4`h as an alternative date. — HPC elected to hold the next meeting on November 4th C. Preservation Design Award for Austin Way — The HPC decided not to apply for the award. VI. Items to be placed on the next Agenda A. Elect a Chair by January 31 S` B. Barn in the Heritage Orchard VII. Adjournment 9:00 a.m. Tuesday November 4, 2003, Warner Hutton House, 13777 Fruitvale Avenue F - -• 1) -rte a- r 7-D 0-ut"A) J9 SS i 0 -D -- �/ 0 l\/ N5vy i itAY/ROfR !RliR /! amm rrR wrlworRra�a Y.it r,�,� ,+ � UA►bttlowII !rsreers _��, ON I 1, r �r., uk �r j r 4 tJ .., n .1 .c ',�. ..• � off:'!' : %C4�:._,�. {. ;A r w FWME d . PIPE EOM! WATER METot Mf Q Q� PIG -EF1L J 42 1 COMMFW -IAL BUILDMG TM LOS ro t: TO 10 2"W SWATOGA-LOS c.ITO& IaoHD WMmOCdTREp `SARATOC+A DOOR CO.' BY EaNDAPtr WRl 2 — ME art4xxs* NO= PMCHV, .. :IR. AC. QUrMt 8 OAK STREET D6W Y CC Q J Q U O N Vad O � 8 Q Q R N Plan lk 9@T NQ L -1 C Saratoga Historical Park Preliminary Site Plan Cost Estimate October 31, 2003 NOT FOR CONSTRUCTION Prepwtd by: Design Studios West, Inc. items Units Unit Pace Total Mobilization: 1 is $ 5,000.00 $ 5,000.00 1 Mobilization Subtotal Mobilization $ 5,000.00 Demolition: 2 Remove Brick patio, benches, and wall 280 sf $ 2.00 $ 560.00 3 Remove Asphalt Paving 950 sf $ 1.00 $ 950.00 4 Remove Existing Tree 6 ea $ 230.00 $ 1,380.00 5 Clear & Grub Landscape Areas 5200 sf $ 0.10 $ 520.00 6 Miscellaneous Site Improvement Demolition 1 Is $ 5,000.00 $ 5,000.00 Subtotal Demolition $ 8,410.00 Paying/Curb & Gutter: 1 is $ 2,000.00 $ Z,000.00 7 Subgrade Prep/Fine Grading 8 Curb & Gutter 82 if $ 17.50 $ 1,435.00 9 Asphalt Paving, including asphalt patch @ new C &G 200 sf $ 5.00 $ 1,000.00 10 Concrete Driveway Pan 1 is $ 2,000.00 $ 2,000.00 11 Patio Paving (unit pavers) 2144 sf $ 14.00 $ 30,016.00 12 Shade Garden Paving (unit pavers) 1280 sf $ 14.00 $ 17,920.00 13 Specialty Paving (colored concrete & pavers) 320 sf $ 14.00 $ 4,480.00 14 Sidewalk Paving 568 sf $ 6.00 $ 3,408.00 Subtotal Paving/Curb & Gutter $ 62,259.00 Landscaping: 2400 sf $ 0.10 $ 240.00 15 Fine Grading 2400 of $ 0.15 $ 360.00 16 Soil Prep 17 Proposed Accent Trees 18 ea $ 500.00 $ 9,000.00 18 Shrubs (5 gal.) 232 ea $ 40.00 $ 9,280.00 19 Groundcover Treatment 100 sf $ 5.00 $ 500.00 20 Mulch in Shrub/Groundcover Beds 2400 sf $ 0.50 $ 1,200.00 21 Irrigation 2400 sf $ 2.00 $ 4,800.00 Subtotal Landscaping $ 25,380.00 Herb Garden 1600 sf $ 0.15 $ 240.00 22 Soil Prep 23 Herbs (4" pot) 1166 ea $ 2.00 $ 2,332.00 24 Mulch (planted areas) 1166 sf $ 0.50 $ 583.00 25 Mulch (path areas) 434 sf $ 1.00 $ 434.00 26 Irrigation 1166 sf $ 2.00 $ 2,332.00 27 Misc. (demo., plant signage, bed edging) 1 is $ 1,000.00 $ 1,000.00 Subtotal Herb Garden $ 6,921.00 Page 1 • • I I Miscellaneous Site Improvements: 28 Drylaid Flagstone Walls 29 Sign 30 Garden Table & Chairs 31 Benches 32 Stairs, O wide, 5 risers 33 Picket Fence, 4' ht. w!2 gates Subtotal Miscellaneous Site Improvements 208 ff $ 37.50 1 ea $ 5,000.00 1 is $ 5,000.00 11 ea $ 1,000.00 2 ea $ 1,000.00 50 If $ 20.00 Amphitkeater Area 7,800.00 34 Earthwork 555 oY $ 35 Drylaid Flagstone Walls 1160 ff $ 36 Curtain Drains 350 If $ 37 Colored Concrete Paving (Parking Area) 1200 sf $ 38 Bollards 10 ea $ 39 Mulch (4" deep, entire site) 18900 sf $ 40 6' Board Fence 560 if $ Subtotal Arnph t inter Area 81,662.50 Subtotal Contingency - 20% Laadscape Total Page 2 $ 7,800.00 $ 5,000.00 $ 5,000.00 $ 1 1,000.00 $ 2,000.00 S 1,000.00 $ 31,800.00 5.50 S 3,052.50 37.50 $ 43,500.00 2.00 $ 700.00 8.00 $ 9,600.00 500.00 $ 5,000.00 0.50 $ 9,450.00 18.50 S 10,360.00 S 81,662.50 $ 221,432.50 $ 44,286.50 $ 265,719.00 -_ -- (Y1 ac J .r� �1 e.�nt_- . j Gtr /. C/A183z�� •t ohie. Kathryn Tartt Maguire, M.A. Medieval Historian October 23, 2003 Mr. Paul Conra Heritage Pre on Commissioner 14363 Sa Avenue, Suite 206 Saratoa alifornia 95070.5948 Property at 14183 /14189 Saratoga Avenue Dear Paul, Thank you so much for taking the time to speak with me this morning. I have encountered some truly devastating problems relating to my attempt to sell the property on Saratoga Avenue which I inherited a year ago from my late father, Gene Tartt. The buildings are in abysmal condition as my father was unable to take care of them or hire people to do so in the last years of his life. In his last months, my father told me that he hoped I would be able to sell the property and relocate with my family to another part of California where we have friends. I have no other relatives in this state. My father had no idea whatsoever that onerous restrictions had been placed on this property, without his ever being notified. It would have broken his heart to know this. Now, it is nearly impossible to locate a buyer for the property with these restrictions. I have had the property listed for sale for several months now. Prospective buyers quickly loose interest when they are told of the restrictions on the property which would very possibly prevent them from building a new a single- family residence on the site. Over three-quarters of the existing structures are add-ons to the original buildings. I'm not even sure if any of this work was done with permits. A whole series of owners have worked on the buildings over the years. All the buildings on the property are now infested with termites and how some structures are still standing, I cannot even imagine! I simply cannot afford to do the work on these structures which would make them more habitable, safe and secure. We have no central heating or air - conditioning; the plumbing, although in good working order, is very tired indeed. There are no garages on the property. One of the structures has an ancient fuse box and it's getting harder every year to find replacement fuses for it. Although I greatly value the priceless ancient trees on the property, at this point, I cannot afford the very costly upkeep they require and I am greatly worried about falling limbs. According to Christy Oosterhaus at the City Planning Department, the structures on this property are on an historic inventory - I believe the "Heritage Walk" inventory. As such, these buildings cannot be torn down without an incredibly laborious and expensive bureaucratic procedure which involves not only local government, but also state government approvals, due to the California Environmental Quality Act. At 14183 Saratoga Avenue • Saratoga, CA 95070.5420 Telephone: 408 867 -1614 • Email: ldtty.maguire @stanfordalumni.org vr.. Mr. Conrado October 23, 2003 Page 2 this point, I have already spent a great deal of money on researching this situation. The State Historic Preservation rules affecting my situation are so complex that I have had to hire an attorney to specializing in real estate law to research them for me. In desperation, I attempted to obtain a demolition permit and was told that I cannot receive one until I have plans for a new residence drawn up and approved by the Planning Department. I simply do not know what to do at this point and am looking to the Historic Preservation Commission for guidance. I often wonder why my property rights have been subsumed to the rights of the city and the state, particularly as we were never notified by the city or state, over the last 30 years that my family has owned this property, that such restrictions had been placed upon it. Before closing, I would like to take the opportunity to praise John Livingstone, the Historic Preservation Commission Staff Liaison, for his courtesy, help and kindness as I began to research this problem. He has been exemplary in his efficiency and courtesy. He is particularly appreciated as I have come to dread going to the Planning Department, knowing I will simply encounter more and more roadblocks. I would appreciate your taking this matter up with the Historic Preservation Commission at its next meeting, on November 4, 2003, and I will be happy to attend the meeting. As an historian and former staff member of the National Trust for Historic Preservation in Washington, D.C., I can assure you that I do value the preservation of our heritage. However, I also feel that not every single aged structure needs to be preserved at all costs. Again, thanks for any assistance you may give this beleaguered property-owner. Sincerely, Kitty Maguire Cc: Mr. John Livingstone, Associate Planner Heritage Preservation Commission Staff Liaison City of Saratoga 13777 Pruitvale Avenue Saratoga, CA 95070 Procedures for Conflicts of Interest Tom Sullivan r From: Richard S. Taylor [RTaylor@smwlavr.com] Sent: Tuesday, October 21, 2003 4:03 PM To: Tom Sullivan Cc: Cathleen Boyer Subject: Procedures for Conflicts of Interest Page 1 of 4 Tom - You asked for a summary of the procedures to be followed when a Commissioner has determined that he or she has a conflict of interest. The procedures are set forth in Government Code section 87105 and in the FPPC's regulations which I have copied below. In summary, the Commissioner must: 1. Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public (disclosure rules are specified in more detail in the FPPC Regulation; disclosure of the exact street address of a residence is not required); 2. Recuse himself or herself from discussing and voting on the matter or otherwise attempting to influence the decision; and 3. Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter is on the consent calendar. The legislation states that a Commissioner may stay in the room to testify as a member of the general public. The FPPC's regulations limit this exception to circumstances where the economic interest creating the conflict is a personal interest such as a personal residence or family business. Therefore, if the Commissioner's conflict arises from a personal interest the Commissioner may stay in the room for the duration of the hearing and testify. If the Commissioner's interest is not a personal interest (for example, the Commissioner is the applicant's attorney or is a major shareholder in the applicant's company) then the Commissioner should leave the room. Notwithstanding the general language of the exception in the Government Code, the FPPC regulations essentially take the position that remaining in the room would be an improper attempt to influence the decision of the Commission. Richard S. Taylor City Attorney City of Saratoga Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 415/552 -7272 415/552 -5816 (fax) Relevant Government Code Provisions 87105. (a) A public official who holds an office specified in Section 87200 who has a financial interest in a decision within the meaning of Section 87100 shall, upon identifying a conflict of interest or a potential conflict of interest and immediately prior to the consideration of the matter, do all of the 10/21/2003 Procedures for Conflicts of Interest Page 2 of 4 following: (1) Publicly identify the financial interest that gives rise to the conflict of interest or potential conflict of interest in detail sufficient to be understood by the public, except that disclosure of the exact street address of a residence is not required. (2) Recuse himself or herself from discussing and voting on 7 the matter, or otherwise acting in violation of Section 87100. (3) Leave the room until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the portion of the agenda reserved for uncontested matters. (4) Notwith standing paragraph (3), a public official described in subdivision (a) may speak on the issue during the time that the general public speaks on the issue. (b) This section does not apply to Members of the Legislature. 87200. This article is applicable to elected state officers, judges and commissioners of courts of the judicial branch of government, members of the Public Utilities Commission, members of the State Energy Resources Conservation and Development Commission, members of the Fair Political Practices Commission, members of the California Coastal Commission, members of planning commissions, members of the board of supervisors, district attorneys, county counsels, county treasurers, and chief administrative officers of counties, mayors, city managers, city attorneys, city treasurers, chief administrative officers and members of city councils of cities, and other public officials who manage public investments, and to candidates for any of these offices at any election. Relevant FPPC Regulation s 18702.5. Public Identification of a Conflict of Interest for Section 87200 Filers. (a) Government Code section_ 87105 and this regulation apply when a public official who holds an office specified in Government Code section 87200 has a financial interest in a decision within the meaning of Government Code section 87 1.00, and the governmental decision relates to an agenda item which is noticed for a meeting subject to the provisions of the Bagley -Keene Act ( Govermnent Code section 11120 . et seq.) or the Brown Act (Government Code section 54950 et seq.). (b) Content & Timing of Identification: The public official shall, following the announcement of the agenda item to be discussed or voted upon but before either the discussion or vote commences, do all of the following: (1) The public official shall publicly identify: (A) Each type of economic interest held by the public official which is involved in the decision (i.e. investment, business position, interest in real property, personal financial effect, or the receipt or promise of income or gifts), and 03) The following details identifying the economic interest(s): (i) if an investment, the name of the business entity in which each investment is held; (ii) if a business position, a general description of the business activity in which the business entity is engaged as well as the name of the business entity; 10/21/2003 Procedures for Conflicts of Interest Page 3 of 4 (iii) if real property, the address or another indication of the location of the property, unless the property is the public official's principal or personal residence, in which case, identification that the property is a residence; (iv) if income or gifts, then identification of the source; and (v) if personal financial effect, then identification of the expense, liability, asset or income affected. (2) Form of Identification: If the governmental decision is to be made during an open session of a public meeting, the public identification shall be made orally and shall be made part of the official public record. (3) Recusal/Leaving the Room: The public official must recuse himself or herself and leave the room after the identification required by subdivisions (b)(1) and (b)(2) of this regulation is made. He or she shall not be counted toward achieving a quorum while the item is discussed. (c) Special Rules for Closed Session: If the governmental decision is made during a closed session of a public meeting, the public identification may be made orally during the open session before the body goes into closed session and shall be limited to a declaration that his or her recusal is because of a conflict of interest under Gove.nunent Code section 87100. The declaration shall be made part of the official public record. The public official shall not be present when the decision is considered in closed session or knowingly obtain or review a recording or any other non - public information regarding the governmental decision. (d) Exceptions: (1) Uncontested Matters: The exception from leaving the room granted in Government Code section 87105 a (3i for a "matter [that] has been placed on the portion of the agenda reserved for uncontested matters" shall mean agenda items on the consent calendar. When the matter in which the public official has a financial interest is on the consent calendar, the public official must comply with subdivisions (b)(1) and (b)(2) of this regulation, and recuse himself or herself from discussing or voting on that matter, but the public official is not required to leave the room during the consent calendar. (2) Absence: If the public official is absent when the agenda item subject to subdivision (a) of this regulation is considered, then Government Code section 87105 and this regulation impose no public identification duties on the public official for that item at that meeting. (3) Speaking as a Member of the Public Regarding an Applicable Personal Interest: When a personal interest found in 2 Cal, Code Reps. section 18702.4(b) is present, a public official may speak as a member of the general public if he or she complies with subdivisions (b)(1) and (b)(2) of this regulation, recuses himself or herself from voting on the matter and leaves the dais to speak from the same area as the members of the public. He or she may listen to the public discussion of the matter with the members of the public. COMMENT: Nothing in the provisions of this regulation is intended to cause an agency or public official to make any disclosure that would reveal the confidences of a closed session or any other privileged information as contemplated by law including but not limited to the recognized privileges found in 2 Cal. Code Rep-S. section 18740. 10/21/2003 Procedures for Conflicts of Interest 10/21/2003 Page 4 of 4 Subj: Re: Letter received Date: Friday, October 24, 2003 1:47:16 PM From: tiowderm @cisco.com To: paulc @conrado.com cc: baileywick @att.net, sandphyl @aol.com, tjl @cisco.com, bettypeck @aol.com, kitty.maguire @stanfordalumni.org Regarding, 1 41 83/1 41 89 Saratoga Ave., I received the following information today from April Halberstadt at the Museum regarding the site: "There is very little information currently available to make an accurate assessment. The Thomy house appears to be one of the very few remaining structures left from the early days of the Saratoga Village 1850 -1875. The name appears on the property on the Thompson & West 1876 Atlas map as well as the Brainard maps of 1883. The family is mentioned in R.V. Garrod's book as being one of the early families living on Saratoga Road. From the photograph, it looks like a vernacular structure - very early. Without a site visit it would be difficult to tell how much original material remains. Most of the information on the early houses is very superficial and without substantive references, sadly. However, having it mentioned on the three references that I just listed means that you all should be looking closely at this one. Just because Florence and Frances Fox did not mention the family does not mean that they were not 10/23/03 America Online : SANDPHYL Page 1 T'd 013bL- L9B -130�1 Ile2uiIleg sttRyd MWPhylis Hallingall 408 - 867 -7480 P.1 significant." The site is currently listed as meeting criteria (a) and (c) in section 13- 15.010 of the Municipal Code; I can investigate whether criterion (b) also applies; at the very least I can go through the Museum archive. best regards, Tom Lowdermilk Headers — Return -Path: <tlowderm @cisco.com> Received: from rly- xj02.mx.aol.com (rly- xj02.mail.aol.com (v96.10) with ESMTP id MAILINXJ32- 50a3f998fcbbd; Fri, 2 Received: from si- iport- 4.cisco.com (sj- iport- 4.cisco.com [17 J r (v96.8) with ESMTP id MAILRELAYINXJ210- 50a3f998fcbbd; ` J Received: from tlowderm- w2k02.cisco.com (dhcp- 128 - 107 -14, by sj- core- 4.cisco.com (8.12.6/8.12.6) with ESMTP id h9O1 Fri, 24 Oct 2003 13:47:01 -0700 (PDT) Message -Id: < 4. 3.2.7.2.20031024133704.017e10c0 @mira - sjc5 -. X- Sender: tlowderm @mira - sjc5- 2.cisco.com X- Mailer: QUALCOMM Windows Eudora Version 4.3.2 Date: Fri, 24 Oct 2003 13:47:00 -0700 To: "Paul Conrado" <paulc @conrado.com> From: Thomas Lowdermilk <tlowderm @cisco.com> Subject: Re: Letter received Cc: "Patricia Bailey \(E- mail\)" <baileywick @att.net >, "Phylis Ballingall \(E- mail\)" <sandphyl @aol.com >, "Tom Lowdermilk \(E- mail\)" <tjl @cisco.com >, "Willys Peck \(E- mail\)" <bettypeck @aol.com >, kitty. maguire@stanfordalumni.org In- Reply -To: <CPEELEEBMKLCBOFFBEPMIEONDCAA .paulc @ conrado.com> References: < OE2A7AC7168CBE46B68EAD6F4642C6386016 @MIS_XCHNG5> Mime- Version: 1.0 Content -Type: text/plain-, charset= "us- ascii "; format = flowed X -AO L -I P: 171.68.10.86 X- AOL- SCOLL- SCORE: O:XXX:XX X- AOL- SCOLL -URL COUNT: 0 10/23/03 America Online : SANDPHYL Page 2 lt�] :10116 d I- DOWNTOWN HISTOR I i•.:eisarr � AFFIDAVIT OF POSTING I, John F. Livingstone, being duly sworn, deposes and says that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga on t0aday of ©Mate 003, has posted in the kiosk at 13777 Fruitvale Avenue, Saratoga, California, the Agenda for the Heritage Preservation Commission, a copy with is attached hereto.