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Home My WebLink About08-15-2012 Supplemental Council Agendar; 1, ," V", AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, AUGUST 15, 2012 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on August 10, 2012) . REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- A2endized Items Any member of the public ivill be alloived to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council fronn discussing or taking action on such items. Hoivever, the Council n7a'y instruct staff accordingly regarding Oral Communications under Council Direction to Staff Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on. current Oral C0777munlc0tionS. Communications from Boards.and Commissions Council Direction to Staff Instruction. to Staff regarding actions on current Co»ununications fi-om Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation for 20th Annual World Breastfeeding Week Recommended action: Read and present commendation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion; unless removed by the Mayor or a Council member. Any member of the public may speak to an itemm on the Consent Calendar at this tinge, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special Meeting on July 17, 2012 and the Regular Meeting on July 18, 2012. Review of Accounts Payable Check Register Recommended action: Review and accept check registers for the following accounts payable payment cycles:. 7/11/2012- Period 13 7/11/2012 - Period 1 7/18/2012 - Period 13 7/18/2012 - Period 1 7/24/2012 - Period l3 7/24/2012 - Period 1 8/1/2012 - Period 13 8/1/2012 - Period 1 4. Contract for Storm Drain Maintenance Services Recommended action: Approve the contract with West Valley Sanitation District for Storm Drain Maintenance Services and authorize the City Manager to execute the same. 5. Highway 9 Safety Improvement. Project Phase III, Austin Way — Construction Contract Amendment. Recommended action: Approve an Amendment to the existing construction contract with Granite Rock Company DBA, Pavex Construction Division for additional work for the Highway 9 Safety Improvement Project Phase III — Austin Way in the amount of $69,146.26 and authorize the City Manager to execute the same. 6. Landscape Maintenance Contract — Gachina Landscape Management Recommended action: Approve a two -year contract with Gachina Landscape Management for monthly landscape maintenance services in the amount of $67,824 per year and authorize City Manager to execute the same. 7. Landscape Maintenance Contract — Loral Landscaping, Inc. Recommended action: Approve a two -year contract with Loral Landscaping, Inc. for monthly landscape maintenance services in the amount of $29,820 per year and authorize City Manager to execute the same. 8. .Electric Vehicle Charging Stations —Notice of Completion Recommended action: Move to accept the Electric Vehicle Charging Stations Project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract., 9. Authorization to Purchase 2012 Caterpillar 246CQ Skid Steer Loader in the Amount of $48.316.06 from Peterson Tractor of San Leandro Recommended action: Move to approve authorization to purchase 2012 . Caterpillar 246CQ Skid Steer Loader in the amount of $48,316.06 from Peterson Tractor of San Leandro. PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes m.axiinum for opening statements. Members of the public may comment on an }) item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes naaximunz for closing statements. Items requested for continuance are subject to Council 's approval at the Council meeting 10. Ordinance Amendment ZOAl2 -0008; City of Saratoga - Amendments to Article 7 -30 (Noise Control) and Section 15- 19.050 (C -H District) of the City Code Establishing New Regulations for Outdoor Music Recommended action: Conduct a public hearing. Introduce and waive the first reading of the ordinance modifying Articles 7 -30 (Noise Control) and 15- 19.050 (C -H District) by establishing new regulations for outdoor music, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 11. Application ANX10 -0002 & ZOA09 -0009; 22600 Mount Eden Road; Garrod Trust - Annexation of 70 acres of property in the vicinity of 22600 Mount Eden; adoption of a Development Agreement, application of the AP /OS Overlay Zoning over 68 acres, and a Combined Williamson Act Contract on Garrod Trust property Recommended action: l .Adopt the attached resolution amending Resolution No. 10 -068 initiating annexation of property located in the area of 22600 Mount Eden Road to include two additional properties (totaling approximately two additional acres) located at 22541 and 22627 Mount Eden Road to the list of properties to be annexed: 2.Adopt the attached resolution approving annexation of property in the area of 22600 Mount Eden Road which includes: -A combined Williamson Act Contract for the approximately 120 acre Garrod Trust Property by rescission of existing County and City Contracts and simultaneous reentry into a new Williamson Act Contract over the entirety of the Garrod Trust Property. -A Zoning Amendment to add Agricultural Preserve /Open Space ( "AP /OS ") Overlay Zoning on Garrod Trust Property proposed for annexation to the City of Saratoga. -A Development Agreement that recognizes existing structures; land uses, and lot coverage on entire 120 -acre Garrod Trust Property as conforming and establishes parameters for the continuing use of the Garrod Trust Property. 3.1ntroduce and waive the first reading of the ordinances applying AP /OS Overlay Zoning and the Development Agreement as set forth above and direct staff to place the ordinances on the consent calendar for adoption at the next regular meeting of the City Council. 12. Ordinance Amendment ZOAl2 -0007; City of Saratoga - Zoning Ordinance Amendment Establishing :Design Review Findings for Wireless Telecommunications Facilities Recommended action: Conduct a public hearing. Introduce and waive the first reading of the ordinance adding Article 15 -44 (Wireless Telecommunications Facilities) to the City Code, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 13. Ordinance Amendment ZOAl2- 0006; City of Saratoga - Miscellaneous City Code Updates and Code Readoption Including Conforming Amendments to Design Guidelines. Recommended action: Conduct a public hearing. Introduce and waive the first reading of the attached ordinance amending various sections of the City Code and readopting the Code and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. Adopt the attached resolution amending the Gateway and Village Design Guidelines to conform to the City Code. 14. ANX12 -0001 - Initiate Annexation of Unincorporated Islands and Authorize the Submission to LAFCO of an Application to Modify the Urban Service Area Boundary Recommended action- 1 . Conduct the public hearing. 2. Adopt a resolution to initiate annexation proceedings to consider annexation of certain unincorporated islands currently located within the City's Urban Service Area. 3. Adopt a resolution -authorizing staff to submit an application to LAFCO for adjustments to the City's Urban Service Area boundary. NEW BUSINESS 15. Launch of Nextdoor.com in Saratoga Recommended action: Provide direction to staff on whether to proceed with launching Nextdoor.com in the City of Saratoga. 16. 2012 Annual Conference Resolutions of League of California Cities Recommended action: Discuss the five resolutions from the League of California Cites to be voted upon at the 2012 Annual League of California Cities Conference and provide the Voting Delegate, Mayor Chuck Page, with recommendations on the resolutions. ADHOC & AGENCY ASSIGNMENT REPORTS Mavor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Comm unity Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council_Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission. Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT in accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials, distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratot_a.ca.its. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868 -1269. Notification 48 hours prior to the meeting Will enable the Cio; to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 3.1.102- 35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on August 10, 2012, at the Ci0i of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's webslte atwiviv.saratoza.ca..us Signed this 10`h day of August 2012 at Saratoga, California. Crystal Morrow City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratocaa.ca.us 08/15 09/05 09/19 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 Regular Meeting —Joint meeting with Hakone Foundation Board Regular Meeting —Joint meeting with Parks and Rec /PEBTAC Regular Meeting —Joint Meeting with West Valley Board of Trustees 10/03 Regular Meeting —Joint meeting with Saratoga/Monte Sereno Community Foundation 10/17 Regular Meeting -- Joint meeting with Traffic Safety Commission 11/01 Regular Meeting —Joint Meeting with Library Commission 11/14 Regular Meeting —Joint Meeting with Saratoga Ministerial Association 12/04 Re- Organization 12/05 Regular Meeting —Joint meeting with HPC and Historical Foundation 12/19 Regular Meeting AMERICAN ACADEMY OF AUDIS LOG A Facts About Noise- Induced Hearing Loss Approximately 36 million Americans have hearing loss. One in three developed their hearing . loss as a result of exposure to noise. Noise - induced hearing loss is caused by damage to the hair cells that are found in our inner ear. Hair cells are small sensory cells that convert the sounds we hear (sound energy) into electrical signals that travel to the brain. Once damaged our hair cells cannot grow back, causing permanent hearing loss. Hearing protection decreases the intensity, or loudness, of noise and helps preserve your hearing. Harmful sounds are (1) too loud and last too long or (2) are very loud and sudden. • For example, exposure to a one -time intense "impulse" sound such as an explosion, or by continuous exposure to loud sounds over an extended period of time, such as sitting to close during a concert (rock, country, symphony, or any genre of music). • You may encounter harmful sounds at work, at home, and during recreational activities. (If you work in a hazardous noise environment, speak with your supervisor or compliance officer about OSHA recommendations on your amount of noise exposure.) The loudness of sound is measured in units called decibels (dB). Noise - induced hearing loss can be caused by prolonged exposure to any loud noise over 85 (dB). • 60 dB Normal conversations or dishwashers • 80 dB Alarm clocks ■ 90 dB Hair dryers, blenders, lawnmowers ■ 100 dB MP3 players at full volume ■ 110 dB Concerts (any music genre), car racing and sporting events ■ 120dB Jet planes at take off ■ 130 dB Ambulances ■ 140 dB Gun shots, fireworks, and custom car stereos at full volume Noise is dangerous if... • You have to shout over background noise to be heard • The noise is painful to your ears • The noise makes your ears ring • You .have decreased or "muffled" hearing for several hours after exposure Protect your hearing, by... • Wearing hearing protection when around sounds louder than 85dB for a long period of time. There are different types of hearing protection such as foam earplugs, earmuffs and custom hearing protection devices. ■ Contact your local audiologist for custom hearing protection devices. • Turning down the volume when listening to the radio, the TV, MP3 player, or anything through ear buds and headphones. (Visit www.TurnItToTheLeft.com) • Walking away from the noise. • And, other than hearing protection, do not put anything in your ear! If you think you may have a hearing loss, visit www.audioloyy.org and click on the "Find an Audiologist" link to locate and set up an appointment with an audiologist in your area to get your hearing checked. Memorandum. TO: Mayor 8v City Council FROM: Crystal Morrow, City Clerk DATE: August 15, 2012 SUBJECT: Written Communications - Agenda Item 10 Attached to this memo are written communications that the City has received regarding Agenda Item 10 - Ordinance Amendment ZOAl2 -0008; City of Saratoga - Amendments to Article 7 -30 (Noise Control) and Section 15- 19.050 (C -H District) of the City Code Establishing New Regulations for Outdoor Music on the August 15, 2012 City Council Agenda. Crystal Morrow City Clerk From: James Lindsay To: City Clerk [Crystal Morrowl; Subject: Fwd: I support allowing outdoor music in the Village of Saratoga Date: Friday, August 10, 2012 2:07:43 PM -- - - - - -- Original Message -- - - - - -- Subject: I support allowing outdoor music in the Village of Saratoga From: To: James Lindsay <jlindsay @saratoga.ca.us> CC: My husband and I are long time residents of Saratoga and we have witnessed the "death" of the Saratoga Village. We believe that the outdoor music at Cinnabar has helped to bring back some of the village vibrancy that we miss so much! Please don't stop the live outdoor music! We enjoy a glass of Cinnabar wine, great fun music, and then a wonderful local dinner. Take the Cinnabar live music away, and you might as well just bury every business in our little downtown. Sincerely, Monty and Claire Boyer Claire Boyer I Residential Realtor I Sequoia Realty Services I DRE# 01412925 www.SequoiaRealtyServices.com I www.PacificPlaceRWC.com "LEED" by example and please consider the environment before you print this document! This email is confidential and privileged and is intended only for the stated recipient. If you receive this message in error, please contact the sender and delete this message, and any attachments. Any review, use, dissemination or copying of this message, except by the intended recipient, is strictly prohibited. From: City Council To: Chuck Page; Jill Hunter; Howard Miller; Manny Cappello; Dave Anderson; City Clerk [Crystal Morrow]; Emily Lo; Subject: FW: ContacttheSaratogaCityCouncil Form Submission Date: Friday, August 10, 2012 8:59:33 PM From: website @saratoga.ca.us Sent: Friday, August 10, 2012 8:48:18 PM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Subject: ContacttheSaratog8CityCouncil Form Submission Submission from the Saratoga City Council Comment Form Your Name : Debbie Storek Phone Number : Email Address : Your Comments to the Saratoga City Council : Its so nice to have someplace comfortable ,relaxing to just sit back and listen to music. It makes the town just a real nice comfortable place to come to. From: City Council To: Chuck Page; Jill Hunter; Howard Miller; Manny Cappello; Dave Anderson; City Clerk rCrystal Morrowl; Emily Lo; Subject: FW: ContacttheSaratogaCityCouncil Form Submission Date: Monday, August 13, 2012 9:28:02 AM From: website @saratoga.ca.us Sent: Monday, August 13, 2012 9:26:00 AM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Subject: ContacttheSaratogaCityCouncil Form Submission Submission from the Saratoga City Council Comment Form Your Name : Your Comments to the Saratoga City Council : Hello, I support the passage of this ordinance. We are chamber members and do business with wine and food venues that would like to offer outdoor music. This would greatly enhance the experience and draw more people to downtown Saratoga. Thank you! Greg Richtarek Director of Marketing Guglielmo Winery Morgan Hill, CA From: City Council To: Chuck Page; Jill Hunter; Howard Miller; Manny Cappello; Dave Anderson; City Clerk rCrystal Morrowl; Emily Lo; Subject: FW: ContacttheSaratogaCityCouncil Form Submission Date: Monday, August 13, 2012 3:16:49 PM From: website @saratoga.ca.us Sent: Monday, August 13, 2012 2:44:27 PM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Subject: ContacttheSaratogaCityCouncil Form Submission Submission from the Saratoga City Council Comment Form Your Name : Your Comments to the Saratoga City Council : I am both a Saratoga resident and business owner. I fully support allowing outdoor music in The Village of Saratoga. I personally think outdoor music should be allowed because: - It provides a friendly festive atmosphere that will attract more people to the village. - We have become a "cafe society" where people like to gather, dine, and enjoy beverages with family & friends in their neighborhoods - Provide area visitors another reason to come and stay in Saratoga: we have restaurants, winery tasting rooms, music, spas, hotels, art galleries and more - Support our local businesses, who support our local charities & schools -Fewer cars on the road, less pollution & less gas usage - walking is a good thing -Keeps tax dollars in Saratoga, while helping locally owned small family business be successful The village of Saratoga needs to be livened up so it can be attractive to all age groups. The town has a reputation of being an older people's place, a senior's community, a sleepy town. We need to establish a more vibrant community. Outdoor music is a step toward that direction. Let's work together to lift the perceived sleepy image of Saratoga to a more interesting, fun, festive and thriving business community. The town has so much to offer. Let's polish it up and make it shine. Take pride in our town and let's make it the best of the best. Regards, Kathleen Zemenick Charles Usher Wines Owner - Sales & Events 24110 Deerpath Road, Saratoga, CA www.UsherWines.com (408) 740 -5325 Winery (888) 393 -4618 Winery (408) 741 -5494 Home From: City Council To: Chuck Page; .fill Hunter; Howard Miller; Manny Cappello; Dave Anderson; City Clerk rCrystal Morrowl; Emily Lo; Subject: FW: ContacttheSaratogaCityCouncil Form Submission Date: Monday, August 13, 2012 1:16:50 PM From: website @saratoga.ca.us Sent: Monday, August 13, 2012 1:04:39 PM (UTC- 08 :00) Pacific Time (US & Canada) To: City Council Subject: ContacttheSaratogaCityCouncil Form Submission Submission from the Saratoga City Council Comment Form Your Name : Your Comments to the Saratoga City Council : As a member of the Saratoga Chamber Of Commerce Board, and a consultant to businesses in this Village, I am in full support of allowing outdoor music in The Village of Saratoga. It adds ambiance to the outdoor dining and wine tasting experience. Seeing othersa good time outdoors entices people to stop driving through Saratoga on their way to have fun someplace else. It gives them a perfect excuse to spend their money right here in Saratoga. And if they have a good time, they'll broadcast it far and wide. Let's face it: music is what we really need as the soundtrack for Saratoga - not the incessant drone of motorcycles and cars, speeding through town to another destination. Give them yet another reason to stop and enjoy the Village. Thanks for listening! Laura Ness Saratoga Chamber Wine Committee Chair From: City Council To: Chuck Page; Jill Hunter; Howard Miller; Manny Cappello; Dave Anderson; City Clerk (Crystal Morrowl; Emily Lo; Subject: FW: ContacttheSaratogaCityCouncil Form Submission Date: Monday, August 13, 2012 9:33:22 AM From: website @saratoga.ca.us Sent: Monday, August 13, 2012 9:31:1.6 AM (UTC- 08:00) Pacific Time (US & Canada) To: City Council Subject: ContacttheSaratogaCityCouncil Form Submission Submission from the Saratoga City Council Comment Form Your Name : Your Comments to the Saratoga City Council : I would like to voice my support to the initiative supporting Five music outdoor in the village . Ristorante da Mario From: James Lindsay To: City Clerk (Crystal Morrow]; Subject: FW: I support outdoor music in Saratoga! Date: Monday, August 13, 2012 7:43:42 AM - - - -- Original Message---- - From: Laura Ness [ Sent: Sunday, August 12, 2012 5:16 PM To: James Lindsay Subject: I support outdoor music in Saratoga! Hi James, As a member of the Saratoga Chamber Of Commerce Board, and a consultant to businesses in this Village, I am in full support of allowing outdoor music in The Village of Saratoga. It adds such ambiance to the outdoor dining and wine . tasting experience. Frankly, it creates an environment of celebration, which encourages others to join in. Seeing others having a good time entices people to get out of their cars, stop driving through Saratoga on their way to have fun someplace else, and gives them a perfect excuse to spend their money and their time right here in Saratoga. And if they have a good time, they'll broadcast it far and wide. We're at a critical crossroads for this town: we've made so many improvements, thanks in no small part to your help, and we now have just enough wine tasting rooms to make Saratoga a legitimate wine destination. The ability for tasting rooms and other dining places to offer outdoor music will increase their appeal to consumers and will create the kind of traction they need to survive, to remain here in Saratoga and to contribute to the tax base. Let's face it: music is what we really need as our soundtrack of Saratoga - not the incessant drone of motorcycles and cars, speeding through town on their way somewhere else because their image of Saratoga is a place for old farts and retired people, with little or nothing to offer to the young and hip. Plus, the demographic we need to attract Likes to be seen, and will be more likely to FB or tweet photos of themselves having a good time in downtown Saratoga if they have live music to keep them hanging out in our town, instead of somebody elses! best, Laura Laura J Ness High Performance Marketing Wine Writing & Creative Consulting 0: From: James Lindsay To: City Clerk (Crystal Morrowl; Subject: FW: Music Ordinance for Saratoga Date: Monday, August 13, 2012 9 :26:21 AM Attachments: image003.Png From: Greg Richtarek [ mailto: Sent: Monday, August 13, 2012 9:11 AM To: James Lindsay Subject: Music Ordinance for Saratoga Hello, I support the passage of this ordinance. We do business with wine and food venues that would like to offer outdoor music, which would greatly enhance the experience and draw more people to downtown Saratoga. Thank you! Greg Richtarek Greg Richtarek Director of Marketing 408 -779 -2145 Office 650 - 245 -7141 Mobile zre�--@aualielmowinerv.com www.gu¢lielmowinery.com www .facebook.com /guglielmowinery www.twitter.com /guglielmowinery U T FE From: James Lindsay To: City Clerk (Crystal Morrow]; Subject: FW: Music Date: Tuesday, August 14, 2012 8:02:14 AM From: Paula Henry [mailto: Sent: Monday, August 13, 2012 9:20 PM To: James Lindsay Subject: Music Don't stop the music!!! We have become a "cafe society" where people like to gather, dine, and enjoy beverages with family & friends in their neighborhoods Provide area visitors another reason to come and stay in Saratoga: we have restaurants, winery tasting rooms, music, spas, hotels, art galleries and more Support our local businesses, who support our local charities & schools Fewer cars on the road, less pollution & less gas usage - walking is a good thing Keeps tax dollars in Saratoga, while helping locally owned small family business be successful And, it's just nice. From: James Lindsay To: City Clerk rCrystal Morrowl; Subject: FW: Outdoor Music in the Village Date: Monday, August 13, 2012 2:54:01 PM - - - -- Original Message---- - From: Tom Albanese [ mailto : Sent: Monday, August 13, 2012 1:50 PM To: James Lindsay Subject: Outdoor Music in the Village I am the owner of the commercial building located at 14612 Big Basin Way and also have grown up in Saratoga back in the days when St Mary's church was located at 6th and Big Basin. I have seen Saratoga go through many changes over the last 55 years and want to see our Town continue to grow in a way that is commensurate with its culture. I strongly believe that it should be recommended to permit outdoor music in The Village to further the cultural atmosphere of Saratoga which I believe will enhance and help the merchants which are the lifeline of our community. Please consider a YES on this issue. Thank you- Tom Albanese Director Business Development Central Concrete Supply Co., Inc 755 Stockton Ave San Jose, CA 95126 Direct 408 - 404 -1046 Cell 408 - 210 -6945 Fax 408 - 404 -1083 From: James Lindsay To: City Clerk fCrystal Morrow:l; Subject: FW: Outdoor music Date: Monday, August 13, 2012 7:43:36 AM - - - -- Original Message---- - From: Ruth [mailto: Sent: Sunday, August 12, 2012 7:38 PM To: James Lindsay Subject: Outdoor music I support having outdoor music in Saratoga. I live in Cupertino and come to Saratoga several times a month to enjoy the music. I usually come with several friends and we end up having wine or coffee. Then we usually stay for dinner.. I feel we would not come over as often if there isn't some music to listen to. If the music is kept to a level that doesn't bother the majority of people, I think it is good for Saratoga. Thank you for your consideration, Ruth McKelvey Sent from my Pad From: James Lindsay To: City Clerk (Crystal Morrowl; Subject: FW: Outdoor Music Date: Tuesday, August 14, 2012 8:07:02 AM - - - -- Original Message---- - From: Peggy Wynne Borgman [ Sent: Tuesday, August 14, 2012 6:55 AM To: James Lindsay Subject: RE: Outdoor Music As a 28 -year business owner, employer of 50, and member of the Chamber of Commerce as well as the Destination Saratoga committee, I support the new outdoor music ordinance. It's good for business and it's good for creating vibrant village life. Attracting new visitors as well as local residents into our village is important. It's essential that we think of the greater good when contemplating these issues and ideas! Saratoga Village deserves to be "top of mind" when people think about an enjoyable outing. And the hours in the ordinance ensure that we can still be "sleepy" when it's time to sleep! Sincerely Yours, Peggy Wynne Borgman Preston Wynne Spa 14567 Big Basin Way Saratoga, CA 95070 (408) 568 -3161 (direct) From: James Lindsay To: City Clerk FCrystal Morrow]; Subject: FW: Support for allowing outdoor music in the Village of Saratoga Date: Monday, August 13, 2012.3:00:45 PM From: Kathleen Zemenick [ mailto : Sent: Monday, August 13, 2012 2:50 PM To: James Lindsay Subject: Support for allowing outdoor music in the Village of Saratoga Importance: High am a Saratoga resident and business owner. I fully support allowing outdoor music in The Village of Saratoga. I personally think outdoor music should be allowed because: - It provides a friendly festive atmosphere that will attract more people to the village. - We have become a "cafe society where people like to gather, dine, and enjoy beverages with family & friends in their neighborhoods - Provide area visitors another reason to come and stay in Saratoga: we have restaurants, winery tasting rooms, music, spas, hotels, art galleries and more - Support our local businesses, who support our local charities & schools -Fewer cars on the road, less pollution & less gas usage - walking is a good thing -Keeps tax dollars in Saratoga, while helping locally owned small family business be successful The village of Saratoga needs to be Livened up so it can be attractive to all age groups. The town has a reputation of being an older people's place, a senior's community, a sleepy town. We need to establish a more vibrant community. Outdoor music is a step toward that direction. Let's work together to lift the perceived sleepy image of Saratoga to a more interesting, fun, festive and thriving business community. The town has so much to offer. Let's polish it up and make it shine. Take pride in our town and let's make it the best of the best. Regards, Charles Usher Wines Owner — Sales & Events 24 1. 10 Deerpath 'Road, Saratoga, CA w«,�N7.USherW,nes.coin ( From: James Lindsay To: City Clerk fCrystal Morrowl; Subject: Fwd: An Important Message from President, Suzanne Frontz Date: Friday, August 10, 2012 2:08:09 PM -- - - - - -- Original Message -- - - - - -- Subject: Fwd: An Important Message from President, Suzanne Frontz From: Julie Moloney < To: James Lindsay <jlindsay @saratoga.ca.us> CC: Mr. Lindsay, I am a business supporter in Saratoga and I support the outdoor music ordinance. Julie Moloney Begin forwarded message: From: Cinnabar Winery <info @cinnabarwinery.com> Date: August 9, 2012 4:55:16 PM PDT To: luliekristinehawkins @yahoo.com Subject: An Important Message from President, Suzanne Frontz Reply -To: info @cinnabarwinery.com Having trouble viewing this email? Click here August 9, 2012 nnabar inert' cdal I ion Allow Outdoor Music in the Village of Saratoga! Dear Alchemist Wine Society Club Member, As you are aware, Cinnabar's "The MUDD ROOM" has had a Friday evening outdoor summer music series for several years. The variety of musicians and the family atmosphere have been well received. In many cases, guests enjoy a glass of wine, listen to music until 7:30pm and then walk down the street to their favorite restaurant for an enjoyable evening in the neighborhood. The Saratoga City Council will be holding a public hearing to consider the recommendation to permit outdoor music in The Village of Saratoga, The hearing will be on Wednesday, August 15th at 7:00 PM in the Civic Theater/ Council Chambers -13777 Fruitvale Ave, Having your support in continuing this program is very important, as there are a few vocal opponents in the Village. Please take action as indicated in this email. At the end of this email is the proposed ordinance under consideration. In summary, it will permit the following: A trial period for outdoor music in The Village from May 1, 2013 until October 31, 2013 - the trial period would end on November 1, 2013 unless extended through a subsequent ordinance amendment. The days, hours and decibel levels are: Fridays 5:00 PM to 9:00 PM, 73 dBA Saturdays 4:00 PM to 9:00 PM, 73 dBA . Sundays 11:00 AM to 4:00 PM, 73 dBA There will be permits granted to businesses and restrictions on the distance between businesses having music on the same day and time. There will be enforcement policies for violators of hours and decibel levels. I request, and strongly urge your support for this ordinance. If you can attend the Wednesday, August 15th Council session please do, and come to the microphone and say either "I am a Saratoga resident and support the passage of this ordinance, or "I am a businessperson in Saratoga, and I support the passage of this ordinance." That is all you need to do. If you want to add more comments in support, that's fantastic! If you can't attend, please send an email to: jlindsay @saratoga.ca.us , and to the council members at: http:llwww.saratoga. ca. uslcouncilicouncilconiact, asp. What to say: "I am a Saratoga resident or business and I support allowing outdoor music in the Village of Saratoga." Please include why you feel that outdoor music would be good for Saratoga. I personally think outdoor music should be allowed because . We have become a "cafe society" where people like to gather, dine, and enjoy beverages with family & friends in their neighborhoods. Provides area visitors another reason to come and stay in Saratoga: we have restaurants, winery tasting rooms, music, spas, hotels, art galleries and more.. Supports our local businesses, who suppor our local charities & schools. Fewer cars on the road, less pollution & less gas usage - walking is a good thing. Keeps tax dollars in Saratoga; while helping locally owned small family business be successful. The village of Saratoga is not dead, and permitting outdoor music is not the silver bullet to cure all ills. However, it will be one of many bricks to help build the village into'a much more vibrant community. Something, I feel all of us would like to see. Thank you for your consideration. Please forward this email to fellow Saratogans you believe would support allowing outdoor music in The Village. If you have any questions, I will be happy to try and answer. Sincerely. Suzanne Frontz President Cinnabar Winery P.O. Box 245 Saratoga, CA 95071 The Ordinance Before Council The Planning Commission recommended allowing commercial establishments in the C -H zoning district (The Village) to have outdoor music upon the issuance of a new Outdoor Music Permit for a trial period that would end on November 1, 2013 unless extended through a subsequent ordinance amendment. The Outdoor Music Permit would be a new type of noise exception permit contained with the noise ordinance and be governed by the regulations summarized below. The Community Development Director may issue an annual Outdoor Music Permit to a commercial establishment in the C -H zoning district subject to the following regulations: Outdoor acoustic and/or amplified music is permitted during the following months, days, times and maximum decibel levels, May 1 through October 31: Fridays 5:00 PM to 9:00 PM; 73 d!3. -. Saturdays 4:00 PM to 9:00 Pint. 73 dBA . Sundays 11:00 AM to 4:00 PM, 73 dBA The above decibel levels will be measured 5 -feet from the source of the sound. The noise ordinance requires other sounds to be measured at the property line. The distribution of outdoor music events occurring at the same date and time shall be limited by blocks as described below: Two events in Block One situated between 3rd Street & Saratoga Los Gatos Road separated'by at least 200 feet. One event in Block Two situated between 3rd and 4th Street One event in Block Three situated between4th and 5th Street . One event in Block Four situated west of 5th Street The commercial outdoor sound level limits in the existing noise ordinance are as follows: Daytime 7:00 AM to 7:00 PM, 73 dBA. Evening 7:00 PM to 10:00 PM, E3 dBA . Nighttime 10:00 PM to 7:00 AM, 58 dBA Forward this email ❑ ❑ This email was sent to iuliekristinehawkins @yahoo.com by info@cinnabarwinery.com i Update Profile /Email Address I Instant removal with SafeUnsubscribeT" From: James Lindsay To: City Clerk [Crystal MorrowL' Subject: Fwd: I support outdoor music in Saratoga Date: Friday, August 10, 2012 2:12:32 PM -- - - - - -- Original Message -- - - - - -- Subject: I support outdoor music in Saratoga From: Jan Conroy < To: James Lindsay <jlindsay @saratoga.ca.us> CC: We love having outdoor music in Saratoga it brings us into downtown, we stay afterward often for dinner, we meet friends there and makes the town a community. While we technically live in the county, our children went to Saratoga schools and it is the closest town for us, however we usually drive on to Los Gatos because it has a much warmer atmosphere. Permitting outdoor music can begin to change that and keep the life in Saratoga. Music encourages people to stop and linger, it is a nice thing to have in .our busy lives. Thank you, Jan and Dave Conroy Sent from my iPhone From: James Lindsay To: City Clerk r.Crystal Morrowl; Subject: Fwd: In Favor of Music in the Village of Saratoga Date: Friday, August 10, 2012 2:05:14 PM --------- Original Message -- - - - - -- Subject: In Favor of Music in the Village of Saratoga From: Jennifer Persson < To: James Lindsay <jlindsay @saratoga.ca.us> CC: Hi, I am a Saratoga resident and small business owner and I heard you are considering whether to allow outdoor music in the Village of Saratoga. My vote is a definitive "yes!" Outdoor music adds so much to a community and I, for one, would frequent Saratoga establishments more if there was more outdoor music. We have many places with pleasant patios and the addition of music would make them so much more attractive. More foot traffic to our one little street would seem a good idea for all businesses as well. I'm all in favor of making our community more lively; although we will never be Los Gatos (and don't strive to be), more life in the form of patio music in Saratoga, would be lovely and totally in character with our little community. Please let me know if you have any questions. Thanks and best regards, Jennifer Jennifer Persson President Text Mobile Alerts www.textmobilealerts.com iennifer(cDtextmobilealerts.com 408 - 868 -9120 (o) 408 - 858- 5221(m) From: James Lindsay To: City Clerk FCrystal Morrowl; Subject: Fwd: Keep music alive in Saratoga Date: Friday, August 10, 2012 2:12:50 PM -- - - - - -- Original Message -- - - - - -- Subject: Keep music alive in Saratoga From: lisa martin < To: James Lindsay <jlindsay @saratoga.ca.us> CC: Hi, I support allowing outdoor music in the Village of Saratoga. It will support our local business by bringing people to Saratoga... more people, more money, more tax dollars and a keeps the town alive! Regards, Lisa Martin From: James Lindsay To: City Clerk (Crystal Morrowl; Subject: Fwd: Live Music Date: Friday, August 10, 2012 2:13 :38 PM -- - - - - -- Original Message -- - - - - -- Subject: Live Music From: Mike Hammill < To: James Lindsay <jlindsay @saratoga.ca.us> CC: Mike Hammill <mhammill @apr.com> I just wanted to say I support allowing outdoor music in the Village of Saratoga, Saratoga has been dead for a long time, and this would help bring more money into downtown. Cities like Campbell have now allowed live music, and it is contributing to the growth of the downtown areas Thank you, -Mike Mike Haminill Alain Pinel Realtors DRE #01859722 Connect with me on Fac €book and Linl-�ed -In From: James Lindsay To: City Clerk (Crystal Morrowl; Subject: Fwd: Music Date: Friday, August 10, 2012 2:11:39 PM -- - - - - -- Original Message -- - - - - -- Subject: Music From: Tricia Starke < To: James Lindsay <jlindsay @saratoga.ca.us> CC: I support outdoor music in the village of Saratoga I moved here 4 years ago from the East Coast and one of my favorite areas is Saratoga. What appeals to myself and my husband are the friendly establishments Restaurants and Wine Bars. For someone who is not used to wine bars it is such a treat to taste wine from the region, meet wonderful people and hear great music. It brings a great ambience to the area and can only promote business It says California.. Stop on by. Tricia Starke Sent from my Phone From: James Lindsay To: City Clerk rCrystaI Morrowl; Subject: Fwd: Music in Saratoga. Date: Friday, August 10, 2012 2:13:04 PM -- - - - - -- Original Message -- - - - - -- Subject: Music in Saratoga. From: "Daly, Shannon E." < To: James Lindsay <jlindsay@saratoga.ca.us> CC: I support allowing outdoor music in the Village of Saratoga. We have become a "cafe society" where people like to gather, dine, and enjoy beverages with family & friends in their neighborhoods. Saratoga desperately needs something to boost the economy. I live in Los Gatos but would enjoy spending more time in Saratoga and having outdoor music would be a motivator. 'Pha7i.ks you Shannon Dary From: James Lindsay To: City Clerk rCrystal Morrowl Subject: Fwd: Outdoor music ordinance Date: Friday, August 10, 2012 2:05:32 PK -- - - - - -- Original Message -- - - - - -- Subject: Outdoor music ordinance From: Lee Ritscher < To: James Lindsay <jlindsay @saratoga.ca.us> CC: To whom it may concern: I frequently visit Saratoga Village and enjoy the casual, laid back atmosphere there. There are numerous small businesses which I frequent, although I am a Monterey county resident. I believe that outdoor music will encourage more people, such as myself, to think of Saratoga Village as a destination on the weekends. My family and I spend our time in Saratoga enjoying fine food, and shopping, and would stay longer if live outdoor music were an option for us. Thank you for your consideration, Dr. Lee Ritscher From: James Lindsay To: City Clerk rCrystal Morrowl; Subject: Fwd: Outdoor music Date: Friday, August 10, 2012 2:05:01 PM -- - - - - -- Original Message -- - - - - -- Subject: Outdoor music From: Geoff Perfect < To: James Lindsay <jlindsay @saratoga.ca.us> CC: I am a Saratoga resident and I support allowing outdoor music in the Village of Saratoga. Saratoga is a village in need of many more reasons to draw people downtown. While music downtown isn't going to be a silver bullet but it certainly can help. Thanks, Geoff Perfect Sent from my iPhone From: James Lindsay To: City Clerk (Crystal Morrow]; Subject: Fwd: Saratoga Music policy Date: Friday, August 10, 2012 2:04:43 PM -- - - - - -- Original Message -- - - - - -- Subject: Saratoga Music policy From: Jeff Nordahl < To: James Lindsay <jlindsay @saratoga.ca.us> CC: I support allowing outdoor music in the Village of Saratoga. It helps connect the community and adds class to the downtown area, This activity has become very popular in many vibrant communities And helps kick start the local economy. I hope you will say :yes: to having Outdoor music in the Village. Warmest Regards, Jeff Nordahl From: James Lindsay To: City Clerk (Crystal Morrow]; Subject: Fwd: Support Village Music Date: Friday, August 10, 2012 2:13:22 PM -- - - - - -- Original Message -- - - - - -- Subject: Support Village Music From: Greg Pinn < To: James Lindsay <jlindsay @saratoga.ca.us> CC: Mr. Lindsay, I'll try to make it to the hearing on Wednesday, but I currently have a scheduling conflict which may preclude me from attending. Please add me and my family to the list of residents who strongly support the efforts to keep the enhancement and vibrancy of Village going in the proper direction. We strongly support Live music in the Village as it adds life, brings people in and helps business. I'm told that many of those against live music do not even live near the Village ... this is shocking. I have lived almost my entire life in Saratoga, attended four Saratoga Schools (Oak St, Redwood, SHS, and West Valley). After a few years away at Pepperdine University, I returned and built a home on Saratoga Hills Rd with my wife. We had kids (out grew that home) and currently reside at 15906 Cuvilly Way, just a 3 minute walk to the Village which we all frequent regularly. Finally, by this time next week, I'll be the owner and developer of what is known as the Tollgate Building at 14639 Big Basin Way which once built out should house a tasting room of some type which will add to the positive momentum the Village is thankful experiencing. Live music can and will only help this. Please keep up the good work ... I Look forward to working with you and your Staff more in the near future. Thank You. Sincerely, Greg A Pinn rlUU- [J-t'UU' Q !(,!r Ul - 11' r H 4 1 -OU0140 i 1 2 . 6 -7 6 0 10 I_A. P. 4-3 2 4 25 Z, 5, n SAXE & XA-N-DA e. 1-740 TeCnn-Olcgy *D E.dalc ccr,-,-er suite 250 San Jos, CaiifOr-nia 951,1.0 _ Tejo hone: (408) 441-7800 .p �,SSOCJATION WITH qoNy j. TREPF-L, -ESQ cLiNRK A. profess- 11th Fldor 60 Scutt V arjket C San -Jos 4 alifornia Q5113 J (408) 275-0501 attorneys for Defendants L,SONTALVO T CENTER fol-rl ,aE ARTS AND MONTALVO ASSOCIATION supERIOR COURT *OF THE STATE OF CALIFORKI�- COUNTY OF SARlk CL1' et al 713779 plaintiff,, TE XQNTKLVO CENTER FOR Tl 'ART S AND RONTALVO. 2 sSQCMATTON, 0efenda77ts. } `� et al. C p (," S S kC T T 0 1'4 ViD RE-I—TEM -Zy the pax-ties he-reto fO�-- sm' c - :, Z .re in I and good cause appearing eref ozf IT IS THEREBY ORDERZI) that jv-,dqm&-%nt bae e4%te--ed EA% i BIT A, is 4 5 -7 .12 13 20 2' 1 1'!'I1 llv, fc.vr (4) rant 'tted to halt"' Il.a 1jontal-vo sh7P_I-1 -be Perm' er ri atten- J.a,,,�n concelrt�, Per year W; th a rr'alc'=�um.of 2'C'00 p S dui rce -or, __>ach such concert, concert ,acv . VTI ncert shall be completed by 7 00 PM, Witt'. all - of the aildience, ar :is ts, technicians, and clezn i_qrl of aquj.Pment 0,f the Villa Mdn,+'-aIVo grounds no later than 9:00 P11 T scod onc'ert-,, shall not exceed 'an T,� of he un-ICVel of C respozist.e) at the.Vilia Mcntalva;s 54 D_'-2A (1,,iea��ured on :-:I "slow" ,:)rcpe_rty line and at -the residence of any par-;y plaintiff, r v ded. that Villa blontalvo shall endeavor to m•. et a sound level i of that will -lot exceed an L. of 50 DBA if it is P05-SIble to -do 0 ITithout sacrificing quality of the music. All mzeasurenients Mt-Isi- P_;,7tend For a mi niruum of 25 n,i,nutes during aL Perfcrmavlc"- Upbn successfully jaee+,;rjq an Lj of 50 DB.Aj the maxim= sound level -hail not excaed an L,j of SO DBA.. The DBRA and Ran-�,_ajvols efforts will be reviewed kip-on applicatIor, Of E-UlY Of fallowing 'the first lawn concert for cons-Ideratic.1 X1 r lj tj,! court as to WhEtb=r Irkaximum. DB.k should he red-acad `rorp. an. L._ of 54 DBA to all -Vf 50 DSA. T T The sakin,2'. lakeel eve.-:ts held in the Garden Tiheater 'shall 'n-ol" z t VU a ex e d arL of 50 03A. (ap-asu're-c2 on a n5e) at the rcs'idence of y P;�- Line and it; i1US� e%tc-'nd for a Minim-LIM, Of -measur,.=n nc t a Ir epirijnq, a per-fornmance,. Tile a n- r, 17. -U e S 2 111JU I LVJkl 1UG U11LU 1j.1 41VUU1fC,1 W. 7 a 9 3.2 13 14 17 I B i9 2G 21 23 . r, i o Garden Theater event shall be 9-75 persons. HELD AT VIL k MONWLLVO DURTNG 'j'QT?%L SER OF EVEIM The total numher of events which May b(�: held at Villa -,he number of scheduled events fo-- --he ;:grit alVo Shall not cl'Xceed th Z for any s-L, lml - r-,a I e, n d a r year 1392 subsequent year incLuding 1-i S All clean-up and removal of persons and ect j:r.:jM arjy -tea m Ila other than front lavw-,q concerts sball be co -Is n(1 * -ter t,'lat, one (I.) hou.27 after completion of tha event and nn later than 11:00 pl► oil Sunday through *Thu--sday, or 11.:30 P14 on Fridays .a,ind Saturdays, w1lichever is earlier. M,3krLP0RTAT-T0N CP P S F,01'R EVENTS n—,")AT V:[LI_:J, M01,TD'Two Villa 1,1ontal-Vo -Shall use ."the craie e to theni to transport their patrons from the nest Valley parking location V111a Montalvo- Mlontaivo W. L111 erideavO t,) rlsUre '_ the - 'asses usec for tranqporrtin tasir atially u fl l. Patrarls will be slabs t n Vij.1a montacivo shall striue and sig-P. the easem-nt ;L f -Xom the DelIzare drive-way to the stop 5i9m ,, at L. P-' eano nt Road ( A t e. 1 d, i T a �^It 1 -%r lb e I o w jjr . DeIin2 :rerS dri v e w a. jr -;C r a tl 914-Wo-Way trra;`fic, e mainte- Villa �,Qni-ai.vo have rest-Or' '— it h t _hat po-,-tjon of he --azS;aMeT-,Z: Or, nance Of eascmsnts e�"ce fron the Dalma=a prc:)-per-ty to lmenclelsml,. the st noj c�a, L Id liliv ..,.'1-UM 'J.1' L"; 1 7 1 1 2 6 2 IA IS 3-6 17 18 2 2 23 2 4 2 I ".1'175 !IV, 14'ty of ortion;_�te-! y. i:�y the whith Shall be prop. P arties having interest ']I the salve. - Villa t��p-ajvo shall rr-asqnably COOPeratG in the const-rue-, a rc, a s En C tion of a fence Sep �tiyjg tb.e, er frcTl tile De? rare property. sri 'e �=-L WITH A pf()tjr,� T 70 I'q DUTY T�OP�ZMIDE TF'�' COURT AND COG, CIM:r,ENT LIST OF MOntalvo 8hall provide the coux7t arcA c01,Msc-1 IfQX the rt e-5 wjt�"j a Curr st of all boo)dnqs for the use of the p-ai- 1, 1993 throlagla Sep t 199, preni�-:es fov tl,,e period May amber 31 0, inclusive, ir.--_judincj Public and private events, detai I'Ung the f01.10wlng information,. --. ne nature of he et: ent; plied music Whether there! Vill be ;:r fi C The location of the event on the Whet-her t he event wi.11 be indoor or ou-'Cdoar-,- r. 4 t'e e vzIt-4, Th�e datE and time of cov_nencemant. '.mod' Tice estimated time of complet-ion the c--VeMt G. Tic numbe_- of per,50ns expected, to be in 'a;Lc r, d a If C e 31 rG sha,,j aj,so provicle the cou_-_-t.and cwumssel 7,-! Mont pe4d May 1-, 19'92 St Uf vents 11el- at Men t alvo during ro Publiz and scpt-amber 30i !9_92r incilasive ss Zy ormation t forth abcAr'! sDeci f ing the same f !n I 51-J-vate c_vo_n 1_4*� t.Q the e3 ftellt Pc5sAb.4e-:, 9 T THE COURT 'ION C L Y u .j)risdict-jon z_--o enforce the, teM.S. cou-1-t. shall rEtairl j- of this J, "It re. c,,O.itained herein. Tha until M04ified- by slUb5sTuant j_V fl.11-1 f t force and efec the ccoar,c, which may oc-.cur one (1) Year from the dLl a 0a ��qe A n on O-laber 29, 1992, Or upon written stipulatl*.dt.-,. 0 f ti a t i a k- 2- Zerms 7 the parti_e5f or upon� proof that a party haLs V10'a"'ed t-rle of this Ju.agm,,ent in a material way. In tine event that any party claims there has b9en aviOiz - itibns or P:cOvisicnS o2f thL8 tiOn of terms o cond-L 10 any of held `-hereon, the prevailing PartY at 11, jilcigment and a hearing be entitled to attorneys' fees anci acs-'Cs, 12 �_,,jjch hearing Shall 1-1 including r�Bsonable costs of experts engaged -'to dete=iYis a vA.ojaL,L_jor_ . took place, incl'udinq the cc�st5' of expert 14 whather t..,,,t4M0ny provided at tae time of the hearing, In -addition to 1.6 any other remedies provided by law. _L j=- -1.7 coL=t and the -ionorable Ta,ck Komar shall yet a-In jju5_- - diction t-0 enforce the farms Of t)a's j.udc _ pent a_nd t1 h a a -7 n Y yg nintions to modify Qr amend any provisions of this X11 �m erit- TNCOP OF OP.Dja Vill. ECRA T_-r 0 I'll OF THE Cori T DAT:Ej 0Y this cr,-Lu—.t entered a te-zit-atAvc tieci- 1992 t r Yonl-alvo ishoul.ld _e re;? 4. on the j _5sue of wheth�. fcNr orne day per remoai'n ft-ee of Public or Pri-Vate e_v=-Its dur.,rg t� - - the parties W�-�ra `-22TIAble Itc, agree 0- :5 e sur=e: mojtjS as 26 this 61 ri 7 1.0 17 jjI 2 C, X i enhe 11-entati'Ve ol,ac�islcn att-acland hlereto as EXIUBIT "All s-haill, T n C; Cro 's a 1 y s �t fort rth hr," n 4nd b acame pao�a Uat , --MFision!a of t-ftiz J. tIA5 Judgrent ar.d is sub jet t- to Ell..,Of thc-: PT d qmellr- which roaLy apply'. . -i 7 jAN JACK KOMAP, Honorable jack Kcma�: Judge of the. Sup e__ Courl'-- BY TO, FORM: OTNEAL El 11 3 4 .7 Cl 1.2 ja 15 20 21 -1 2,4 25 I l l C, U 1, � W-1 l'i 1 4 1 OIJ040 !—V� 1M. 01 14e_oliv"11 I' I L 1) 7, TREPEL, ESQ. (STATE BAR 432669) TREPEL 9: CLARK A ProfefsSiollal Aszociation 50 ile t San Fernando Stree,, 13th Floor San. Jose; California 95113 Azle, Attorndys for Defendants MONTALVO C'Cf7'r9R FOR THE ARTS 'AND, m6NT-Arm ASSOCIATION SUPERIOR COURT 0? TUE STATE OF COMM 0? SMITA CLAP-k I et 41. Pit-lintif, f , vs. MONTALVO CENTER FOR Tip- ARTS -klqj) MO-N1'P-LI-70 ASSOCIATION, et al . , Defendants. A- ND RELATED CROSS-ACTION No. 713779 ORDER GRANTTZNG MONTX-7-VOIS MOTION TO MODIFY JUDGMENT The motion of Defendants Montalvo ce-tsr,f�--, '�-lle Montalvo A,SSOciation, for an zirdnr modifying the jljAq-m,-,!lj:, Pz'evlously �--Mered came on ,regularly jr TOT 1118aring before t-he Bonox:ble -judge- jac, Komar on January 26, 1995 a7,17i ,;a S on the pleadings. 1 nun - I u r__uuu ,it. r', u, - ut, r, i. 4 1 ouo4r; e "tar I ", CU i 26 7 2 Jude/0f. the Superior curl- cn ai]. parties having been made, and no oppoaiti©l hd;4 °nc 2 been filed by anY raarty the court, having .reviewed the Papers � _ and 9f! documents submitted on the Motion, and good cause appe.aring therefor �I IT IS HEREBY ORDERED TKAT: The Judemient previ.ous?y entered an Januar 23 �. y s 5 93, by t7,1� , C. j, Honorable jack Bomar be, and hereby it', mod`if'ie.d in a'he foll.okfl-!, Villa Montalvo shall be permitted to hold five (5) 'rent Lac rz 91i (11 concerts par year. This fifth hront Lawn Concert shea.li be r 'fin �l Orie nted or classical, p.7'og aj^ only. 14 I` 2- The sound level of the Fro;zt Lawn conc erts shall "at exceed 12 an Ib1 of 65. D -BA (Measured an a "slow responselt) at Vi l Mrintdlvo °s 1.3 1 property line, but not to exceed City of Saratoga ordinance sq ;nom 15 liiIli t-atiOns for tt11S Tpe property, E 17' i max" numi attendance at any Carden Theater event E � n 17a1,i '�e l., 25b pLrsons., i 17 The court neither considers nor makes any order conc:e_r•. ng 131 the aPP i catign of any city ordinance to this case at this time., f Except as eap�-essZy nod find above, ,the Judgment enrEered on f �1-271u,ary 23, 1 -993, shall remain in full force and eff.ect... Y 27, 199 26 7 2 Jude/0f. the Superior curl- Memorandum TO: Mayor Page 8v City Council Members FROM: James Lindsay, Community Development Director DATE: August 15, 2012 SUBJECT: Garrod Annexation Package - Suggested Motion 8s Updated Documents Minor corrections were made to the resolutions and ordinances for Item No. 11 - Garrod Annexation to update APN numbers and correct typos. Attached to this memo is a complete set of updated documents (2 resolutions and 2 ordinances) for the Council to take action on. Provided below are simplified motions to approve the .annexation package: 1. Move to adopt the resolutions provided by staff this evening initiating and approving the annexation of properties in the area of 22600 Mt. Eden Road and authorizing the City Manager to execute the combined Williamson Act Contract with the Garrod Trust. and 2. Move to waive the first readings and introduce the ordinances provided by staff this evening adopting a Development Agreement with the Garrod Trust and applying the AP /OS Zoning to the Garrod Trust Property. Attachment 1 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION NO. 10 -068 INITIATING ANNEXATION OF PROPERTY LOCATED IN THE AREA OF 22600 MOUNT EDEN ROAD WHEREAS, at a November 17, 2010 noticed public hearing the City Council considered and approved the request by Garrod Trust for initiation of annexation proceedings for its approximately 68 acre property, APN "s 503 -10 -044, 065, and 067; 503 -11 -008, 009,and 012; and 503 -74 -001, 002, 003, and 004 contiguous to the City of Saratoga; and WHEREAS, due in part to the action of the Santa Clara County Local Agency Formation Commission taken on February 8, 2012 and certified on March 27, 2012, the list of parcels to be included in the initiated annexation should be added to or revised as follows in order to avoid the creation of islands, and the City Council is now requested to include in the initiated annexation all of the following parcels: Garrod Trust APNs 503 -I1: -008 and 009; 503- 10 -044, 065 and 067; and 503 -74- 001, 002, 003; and 004; Hawkes Trust APN 503 -10 -003; and Hoang/Nguyen APN 503 -11 -006; and WHEREAS, the City Council has detennined this initiation of the annexation proceedings to be exempt from the California Environmental Quality Act (CEQA); and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed in the area of 22600 Mount Eden Road is in the City of Saratoga's Urban Service Area and Sphere of Influence and is pre -zoned as R -OS (Residential Open Space), with the exception of Hawkes Trust APN 503 -10 -003, which is pre - zoned as HR (Hillside Residential); and WHEREAS, the annexation as initiated included referral to the Planning Commission for recommendations and return to the City Council for final action on the actual annexation, a Development Agreement, Land Conservation (Williamson Act) Contract, AP /OS zoning overlay amendment, determination of conforming status, and CEQA compliance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby adds the Hawkes Trust Property and the Hoang/Nguyen Property to the list of parcels to be included in the initiated annexation in order to avoid the creation of islands, so that it has initiated annexation proceedings and will consider final approval of annexation to the City of the territory comprised of Garrod Trust APNs 503 -11 -008 and 009; 503 -10 -044, 065 and 067; and 503 -74 -001, 002, 003, and 004; Hawkes Trust APN 503 -10 -003; and Hoang/Nguyen APN 503 -11 -006. RESOLUTION AMENDING RESOLUTION NO. 10 -068 INITIATING ANNEXATIOiIT OF PROPERTY LOCATED INTHE AREA OF 22600 MOUNT EDEN ROAD Attachment 1 The above Resolution amending Resolution No. 10 -068 was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of August 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: Crystal Morrow CITY CLERK RESOLUTION AMENDING RESOLUTION NO. 10 -068 INITIATING ANNE )CATION OF PROPERTY LOCATED IN THE AREA OF 22600 MOUNT EDEN ROAD Attachment 2 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING ANNEXATION TO THE CITY OF SARATOGA OF TERRITORY LOCATED IN THE AREA OF 22600 MOUNT EDEN ROAD GARROD TRUST, HAWKES TRUST AND HOANG/NGUYEN PROPERTY WHEREAS, the City Council is considering the annexation of approximately 70 acres of real property, hereinafter referred to as 'the territory', Garrod Trust APNs 503 -11 -008 and 009; 503 -10 -044, 065 and 067; and 503 -74- 001, 002, 003, and 004; Hawkes Trust APN 503 -10 -003; and Hoang/Nguyen APN 503 -11 -006, all contiguous to the City of Saratoga and described in Exhibits "A" (legal description) and "B" (plat map) attached hereto; and WHEREAS, concurrent with annexation, the Garrod Trust portion of the territory together with all adjacent Garrod Trust Property already inside the City boundary shall become restricted by a Land Conservation (Williamson Act) Contract, and be made subject to the following: a Development Agreement (with conforming status determination); an Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District; and a Conditional Use Permit (all as part of the "integrated annexation proceedings" for the Garrod Trust portion of the territory); and WHEREAS, the City Council has determined these integrated annexation proceedings to be exempt from the California Environmental Quality Act (CEQA) under: (1) CEQA Guideline 15319 which exempts annexations to a city of areas containing existing private uses and structures developed to the density allowed by the current zoning or pre - zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (2) CEQA Guidelines Sections 15308 and 15061(b)(3) which further exempt these integrated annexation proceedings because they will all impose equal or greater land use restrictions on the annexed property than currently exist (including by imposing certain parameters and use permit conditions on the Garrod Trust Property for the first time), will involve no physical change to the environment, will assure the maintenance, restoration, enhancement, or protection of the enviromment, and it can be seen with certainty that there is no possibility that the integrated annexation proceedings may have a significant effect on the environment; and WHEREAS, as provided in Government Code Section 56757, the City Council of the City of Saratoga is the conducting authority for the annexation; and WHEREAS, the territory to be annexed in the area of 22600 Mount Eden Road is in the City of Saratoga's Urban Service Area and Sphere of Influence, has a Pre- General Plan designation of OS -H (Hillside -Open Space), and is pre -zoned either R -OS (Residential Open- Resolution Approving Annexation of Property in the area of 22600 Mount Eden .Road Page 1 Attachment 2 Space) or HR (Hillside Residential) and the Garrod Trust Property will be subject to a Development Agreement, a Combined Land Conservation (Williamson Act) Contract and AP /OS (Agricultural Preserve -Open Space) Overlay Zoning concurrent with the effective date of this annexation; and WHEREAS, upon approval of initiation of annexation on November 17, 2010 (as amended August 15, 2012), the integrated annexation package were referred to the Planning Commission which approved the Conditional Use Permit and gave favorable recommendations to all other aspects of the integrated annexation package after public hearing on June 27, 2012, and are now being returned to the City Council for final action on the actual Annexation Approval (and as to the Garrod Trust Property only, a Land Conservation (Williamson Act) Contract, a Zoning Amendment adding AP /OS Overlay Zoning, and a Development Agreement [with conforming status determination]); and WHEREAS, because there is, one hundred percent (100 %) owner consent for the annexation proceedings, no notice, public hearing or election will be required for annexation approval by the City (although voluntary notice was provided and public hearing conducted); and WHEREAS, protest proceedings are being waived pursuant to Government Code Section 56375.3 based on the absence of objections from local agencies providing public services to the territory being annexed, the full owner consent and the findings made by the City Council below. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby makes the following findings: A. That the annexation is exempt from the California Environmental Quality Act (CEQA) pursuant to sections 15319, 15308 and 15061(b)(3) of the CEQA Guidelines. B. That the unincorporated territory to be annexed is within the Sphere of Influence and the Urban Service Area of the City as adopted by the Santa Clara County Local Agency Formation Commission. C. That the Santa Clara County Surveyor has made a final determination that the boundaries of the area proposed to be annexed are definite and certain, and in compliance with .LA.FCO's road annexation policies. D. That the proposal does not split lines of assessment or ownership and that this fact has been confirmed by the Santa Clara County Assessor's Office. E. That the proposal does not create islands or areas in which it would be difficult to provide municipal services. Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 2 Attachment 2 F. That the proposal will be consistent with the General Plan and Zoning of the City in that: 1. The Properties proposed for annexation have a Pre- General Plan designation of OS -H (Hillside -Open Space) and are pre -zoned as R -OS (Residential -Open Space), except for the Hawkes Trust Property which is pre -zoned HR (Hillside Residential). 2. As to the Garrod Trust Property only, AP /OS (Agricultural Preserve -Open Space) Overlay Zoning is being added concurrent with this annexation as required by the General Plan due to the entirety of the Garrod Trust Property being under a Land Conservation (Williamson Act) Contract. G. That the territory is contiguous to the existing City limits. H. That the City has complied with all conditions imposed by LAFCO for inclusion of the territory in the Urban Service Area of the City. 1. That all property owners within the annexation area have been informed of these Proceedings, have given their written consent, and no opposition has been received. J. That under Government Code § 56375.3 the City is authorized to waive protest proceedings entirely pursuant to Part 4 (commencing with Section 57000), based on the following findings hereby being made by the Saratoga City Council: The annexation is initiated on or after January 1, 2000, and before January 1, 2014. The annexation is proposed by resolution adopted by the City of Saratoga, the affected city. The territory contained in the annexation proposal meets all of the requirements set forth in finding J.4 below. The territory to be annexed meets all of the following requirements: (a) It does not exceed 150 acres in area, and that area constitutes the entire island being annexed. (b) The territory constitutes an entire unincorporated island located within the limits of the City of Saratoga. (c) The territory is surrounded in either of the following ways: (1) Surrounded, or substantially surrounded, by the city to which annexation is proposed or by the city and a county boundary. (2) Surrounded by the city to which annexation is proposed and the adjacent City of Cupertino. Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 3 Attachment 2 (d) The territory is substantially developed or developing, based upon one or more factors, including, but not limited to, any of the following factors: (1) The availability of public utility services. (2) The presence of public improvements. (3) The presence of physical improvements upon the parcel or parcels within the area. (e) The territory is not prime agricultural land, as defined by Section 56064 and as found by LAFCO. (f) The territory will benefit from the change of organization or reorganization or is receiving benefits from the annexing city. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby approves the annexation of the Garrod Trust, Hawkes Trust and Hoang/Nguyen. Properties, described in Exhibits "A" (legal description) and "B" (plat map) attached hereto and also described as follows: Garrod Trust APNs 503 -11 -008 and 009; 503 -10 -044, 065 and 067; and 503 -74 -001, 002, 003; and 004; Hawkes Trust APN 503 -10 -003; and Hoang/Nguyen APN 503 -11 -006. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga hereby requires, as to the Garrod Trust Property only and concurrent with the effective date of the annexation approved below, that all.final City actions be deemed hereby taken as to approval of, and /or rendering effective, the following: the Land Conservation (Williamson Act) Contract (in the form attached hereto as Exhibit C), the Zoning Ordinance Amendment adding Agricultural Preserve /Open Space (AP /OS) Overlay Zoning (in the form attached hereto as Exhibit D), the Development Agreement Ordinance (in the form attached hereto as Exhibit E) and the Conditional Use Permit approved by the Planning Commission on June 27, 2012. BE IT FURTHER RESOLVED that upon receipt by the City Clerk of the above - referenced determination by the County Surveyor, the annexation of the parcel is hereby ordered without any further protest proceedings and that upon completion of these proceedings the territory will be annexed to the City of Saratoga effective on the last effective date of the Zoning Ordinance Amendment adding Agricultural Preserve /Open Space (AP /OS) Overlay Zoning and the .Development Agreement and upon LAFCO issuance of a Certificate of Completion for these annexation proceedings. BE IT FURTHER RESOLVED that pursuant to said annexation receiving a Certificate of Completion from LAFCO the City will receive taxes upon in accordance with the previously approved tax exchange agreement with the County of Santa Clara.. Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 4 Attachment 2 PASSED AND ADOPTED by the Saratoga City Council, State of California, the 150' day of August, 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: Crystal Morrow CITY CLERK Resolution Approving Annexation of Property in the area of 22600 Mount Eden Road Page 5 Exhibit E ORDINANCE NO. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR Garrod Trust Property at 22600 MT. EDEN ROAD (APNs 503 -11 -008 and 009; 503 -10 -044, 065 and 067; and 503 -74 -001, 002, 003, and 004) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: The City of Saratoga has received applications from the Garrod Trust ( "Owner ") for 22600 Mt. Eden Road (APNs 503 -11 -008 and 009; 503 -10 -044, 065 and 067; and 503 -74 -001., 002, 003 and 004) for the annexation of approximately 68 acres of real property contiguous to the City of Saratoga (the territory); and concurrent with annexation, the territory, together with all adjacent Garrod Trust Lands (APN 503 -12 -001) already inside the City boundary, consisting of 51 acres ("Principal Property"), shall become restricted by a Land Conservation (Williamson Act) Contract, be made subject to a Development Agreement (with conforming status determination), and an Agricultural Preserve /Open Space (AP /OS) Overlay Zoning District, and a Conditional Use Permit (as part of the "integrated annexation proceedings" at 22600 Mount Eden Road). The foregoing actions are described as the "Project ;" 2. Development of the Property in accordance with the terms of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning: The attached Development Agreement specifies its duration, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes; 4. This Development Agreement is consistent with the objectives, policies, general land uses and programs contained in the City's General .Plan; This Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the Hillside Residential ( "HR") zoning district and the Agricultural Preserve - Open Space ( "AP -OS ") overlay zoning in which the Principal Property is located and with the Williamson Act Contract currently on the Principal Property; 6. This Development Agreement is compatible with the uses authorized in, and the regulations prescribed for; the .Residential -Open Space ( "R -OS ") zoning district and the Agricultural Exhibit E Preserve -Open Space ( "AP -OS ") overlay zoning as to which the Annexation Property has been pre -zoned and with the Williamson Act Contract currently on the Annexation Property; 7. This Development Agreement is in conformity with the public convenience, general welfare and good land use policies; indeed, the Development Agreement will serve as a public benefit, in that there will be a reservation or dedication of land for public purposes (including trails and restrooms), which are specified herein as Section 3.2.1 as required under Government Code Section 65865.2; This Development Agreement will not be detrimental to the health, safety and general welfare in that the Project will proceed in accordance with the conditions of approval for the Project adopted by the City Council; 9. This Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the Project will be consistent with the City's General Plan and Zoning Ordinance; and 10. This Development Agreement was considered and recommended for approval by the Planning Commission at a duly noticed public hearing on June 27, 2012 and approved by the City Council at a duly noticed public hearing on August 15, 2012. Section 2. Adoption and Implementation. A. The City Council hereby adopts the Development Agreement attached hereto as Exhibit A. B. In accordance with Government Code section 65865.1 the parties to the Development Agreement shall review the Applicant's compliance with the Development Agreement at least every 12 months, at which time the Applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the Development Agreement. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the Applicant or successor in interest thereto has not complied in good faith with terms or conditions of the Development Agreement, the City Council may terminate or modify the Development Agreement. C. The uses, structures and site coverage authorized by the attached Development Agreement and the Conditional Use Permit approved by the City Planning Commission on June 27, 2012 shall for the term of the Development Agreement be subject only to the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, in force at the effective date of this ordinance or as otherwise provided by said Development Agreement. Except as otherwise provided in the Development Agreement, in subsequent actions applicable to other uses, structures, and site coverage of the property the City may apply new rules, regulations, and policies and may deny or conditionally approve any Exhibit E subsequent development project application on the basis of such existing or new rules, regulations, and policies. D. In the event that state or federal laws or regulations, enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Section 3. Severance Clause. The City Counci I declares that each section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub - section, paragraph, sub - paragraph, sentence, clause and phrase of this ordinance. If any section, sub - section, paragraph, sub- paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] Exhibit E The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 151h day of August, 2012, and was adopted by the following vote following a second reading on the 5th day of September, 2012: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA 4 Exhibit D ORDINANCE AN ORDINANCE APPLYING AP /OS OVERLAY ZONING TO GARRROD TRUST PROPERTY Whereas, the City of Saratoga received an application to apply the Agricultural Preserve /Open Space Overlay (AP /OS) zoning to 68 acres of Garrod Trust Property proposed for annexation to the City. This ordinance was introduced following a duly noticed public hearing on August 15, 2012. The Planning Commission recommended adoption of this ordinance following a duly noticed public hearing held June 27, 2012. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The City Zoning Map is hereby amended to add Agricultural Preserve /Open Space (AP /OS) overlay zoning to the 68 acres Garrod Trust Property described on Exhibit A attached hereto (nine parcels APNs 503 -10- 044,065,067; 503 -1 1- 008,009; 503 -74- 001,002,003,004). Section 2. California Environmental Quality Act The application of the AP /OS overlay zoning to the specified Garrod Trust Property is not subject to the California Environmental Quality Act because it will impose greater land use restrictions on the property than currently exist, will involve no physical change to the environment, assure the maintenance, restoration, enhancement, or protection of the environment, and it can be seen with certainty that there is no possibility that the overlay zoning may have a significant effect on the environment in accordance with CEQA Guidelines Sections 15308 and 15061(b)(3). Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of August 2012, and was adopted by the following vote following a second reading on the 50' day of September 2012. AYES: NOES: ABSENT: ABSTAIN: Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA Exhibit D ATTEST: Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY 6107 � \ APN 5O3'11'8O8 5O3-11'OO8 5O8'74'0O2 583F74`003 5O3-74~8U1 APNindddec | - ApNinc�d�� | i '503-10-00 K 6107500 Legend | | ROS ' Residential {}pen Space ROS (AP/OS) - Residential Open Space (with Agriculture Preserve / Open Space Overlay) �==�= City Limit ' Proposed City Limb ' Existing Exhibit ^� u~��n U�� HR Hillside Residential HR(APK38) Hillside Residential (with Agriculture Preserve / Open Space Overlay) �U �� APN include: 6107500 Legend | | ROS ' Residential {}pen Space ROS (AP/OS) - Residential Open Space (with Agriculture Preserve / Open Space Overlay) �==�= City Limit ' Proposed City Limb ' Existing Exhibit ^� u~��n U�� HR Hillside Residential HR(APK38) Hillside Residential (with Agriculture Preserve / Open Space Overlay) �U �� Let's Walk Saratoga! A guided walking program that showcases beautiful parks and walking trails in Saratoga. The second of a 3 guided walk series that will take place at Villa Montalvo Trail. — Event begins at 9:30 a.m. and will include a 2 mile brisk walk on a shaded loop trail. Meeting place is at the steps of the Montalvo building, as shown in the picture on the right. For more information: Mainini Cabute I City of Saratoga mcabute @saratoga.ca.us 1 (408) 868 -1275 http: / /www.saratoga.ca.us /thingstodo /letswaIk.asp Memorandum TO: Mayor & City Council FROM: Crystal Morrow, City Clerk DATE: August 15, 2012 SUBJECT: Written Communications - Agenda Item 15 The City received the written communication attached to this memo, regarding Agenda Item 15 - Launch of Nextdoor.com on the August 15, 2012 City Council Agenda. Crystal Morrow City Clerk Honorable Mayor and Council Members August 13, 2012 City of Saratoga 13777 Fruitvale Ave Saratoga, CA 95070 Dear Mayor and Council. Members Nextdoor's mission is to help cities strengthen or bring back that wonderful sense of community. Community is often the most: important yet most forgotten infrastructure within a city. A strong community provides a positive influence to any city. We would be honored to work with you. Nextdoor can help your city connect your'neighbors to each other, strengthen your neighborhoods and provide an easy way for the city to communicate with your different neighborhoods. Our experience has been that as residents begin to know their neighbors they feel . more connected and involved. in their.neighborhood. This feel of inclusion leads to pride in their neighborhood and they begin to take more responsibility for the quality of theirneighbo,rhood. Our experience.is back up by hard research. We know that the best way to prevent crime in neighborhoods is for neighbors to know each other and`look out, for each other. Nextdoor provides a real benefit t6-your city and to your neighborhoods and is free to both. It will only'take about 3 to 4 hours of staff time to roll out Nextdoor to;all the neighborhoods in the city. Residents are free to choose to use Nextdoor or not and those who do use it will love it. Privacy is a major issue for us. We verify every new member to assure that only people who live in a specific neighborhood are member of that neighborhood. We will not sell or release any of our member's data. Nextdoor's site is written so Google, Yahoo and other search engines are unable to search our neighborhood sites. Nextdoor has worked with cities as small as Yountville and as large as San Jose. We hope you decide to use Nextdoor to allow your residents to build a stronger community for all. All Best I Ed Everett Retired City Manager Senior City Strategist, Nextdoor 650 - 868 -0854 MASTER PLAN For Hakone Estate and Gardens THE HAKONE FOUNDATION SARATOGA, CALIFORNIA, U. S. A. April 6, 2011 TABLE OF CONTENTS 1. Master Plan Purpose Statement II. History of Hakone Gardens Ill. Value and Significance of Hakone IV. Hakone Foundation's Financial Objectives V. Overview of the Gardens, Structures and Surrounding Areas V. a — Four Major Gardens V.b. — Smaller Gardens V. c. — Existing Buildings VI. Future Plans for the Gardens VI. a — Four Major Gardens VI.b. — Smaller Gardens VI. c. — Existing Buildings VII. Future Plans for the Gardens and New Structures A. Visitor Center - Overview B. Visitor Center— Design Concepts C. Visitor Center— Facilities D. Proposed Changes to Other Structures, Facilities and Improved Areas 8. Visitor Flow Through all of the Garden Areas 9. Overview of Hakone Gardens Facilities, Functions and Activities Attachment 1- Definitions Attachment 2 - Traditional Garden Techniques Attachment 3 — Partnerships Attachment 4 — Observations Attachment 5 — Illustrations I. PURPOSE STATEMENT This Master Plan establishes the conceptual framework which will guide the Hakone Foundation in its efforts to become a self- sustaining international cultural institution, and a flagship example of building bridges between the Japanese and Asian Cultures and those of the Western Hemisphere. The Master Plan will serve as a guide to restoring and enhancing the buildings and other structures and facilities both throughout the historic Japanese Gardens and in the surrounding, protective natural setting of the 18 -acre land parcel. During its 96 years of history the garden has matured, but time has taken its toll on some of the unique elements of the gardens. It is the aim of this Plan to provide technical and aesthetic guidelines that can be followed in rejuvenating the gardens, and maintaining their cultural and historic nature while enhancing its status as a national and international cultural attraction. Some of the basic tenets of the Master Plan include: - Japanese estates and gardens are meant to change, because nature is always changing, and Hakone must continue to change in this same spirit and traditional framework. - When we are in a Japanese garden, we are to experience it as an enchanted and timeless place of soothing and healing. Aesthetics is thus a primary consideration. - The original founder, Isabel Stine, aspired to build a "country estate" to serve as an international retreat for artists, dignitaries and cultural leaders. We wish to promote this vision in the future, while enhancing the usability and functionality of the site. - Hakone has been named a "Save America's Treasures" site by the National Trust for Historic Preservation. This distinction must be maintained over time through sustainable management practices, as well as cross- cultural outreach and community activities. - Hakone will work cooperatively with local and international resources, such as skilled gardeners from Japan, as a means of both maintaining the gardens and fostering cross - cultural relationships and knowledge transfer. This Master Plan addresses many activities related to preservation and enhancement of the gardens and structures, and encompasses major activities as well as the construction of an International Visitor and Retreat Center. II. History of Hakone San Francisco philanthropists Oliver and Isabel Stine in 1915 attended the Pan - Pacific Exhibition and became interested in Japanese culture. The following year they visited Japan and were fascinated by the beautiful scenery of the Hakone area near Mt. Fuji, especially the atmosphere of the historic Fujiya Hotel and its well -kept Japanese gardens. After returning to America, they hired carpenters and gardeners from Japan and began building a garden which they named " Hakone." The country villas were built in 1917 and represent Japanese -style houses created in a style that blends the Shoin and Sukiya styles of buildings. Natural materials were used to build the house which is decorated in a minimalist style, with an emphasis on creating a light, airy atmosphere. The main garden was been built in the style of a "strolling pond garden ", with the central pond as the main attraction, enhanced by a waterfall on the south side of a mountain. In every detail, from its shape to the placement of the stepping stones, viewers are reminded of the skillful techniques of traditional gardens from the Japanese Meiji Era. The gardens remained in the Stine family until 1932 when it was purchased by Major Tilden whose family cared for and maintained the estate until 1961. Major Tilden's nephew, Michael Gregory sold the estate to a group of four Chinese American. Families who kept the authentic Japanese architecture and grounds intact through 1966 when they sold Hakone to the City of Saratoga. Today Hakone is operated by the Hakone Foundation and serves as a multicultural center for the vast number of cultures on the West Coast. In 2004 Hakone was designated the oldest Asian Estate, Gardens and Retreat in the Western Hemisphere by the National Trust for Historic Preservation — one of only 12 historic sites in America to receive the Trust's top grant award: Save America's Treasures. III. Value and Significance of Hakone Because Hakone is the oldest Japanese and Asian Estate Gardens in the Western Hemisphere, the importance of her unique horticultural, landscape and cultural evolution is especially significant for citizens throughout the Americas, Japan and Asia. Hakone represents a unique bridge between the civilizations of Asia, and the Eastern Hemisphere, and the civilizations of both American Continents, and the Western Hemisphere.- Hakone is located geographically in one of the most diverse population centers in the world, Silicon Valley, thus providing us with an exceptional opportunity to participate in a unique historical opportunity to build and participate in the emergence of a global civilization. In fact, Hakone has been the site of many important events, including the Anniversary of the Treaty of Peace and Amity successfully negotiated by Commodore Perry. The site received international acclaim and media coverage when the three -time Oscar winning movie "Memoirs of a Geisha" was filmed on this historic site. The roots of Hakone are found in Japan, and the Hakone Foundation has for ten years hosted the annual Hakone Festival (matsuri), a signature event that takes place each May with the help of Japanese leaders who together with Japanese corporations have formed the "Hakone Garden Support Committee ". All the profits from the matsuri, whether from sales of food and beverages or from auctions of donated goods, go to the Hakone Foundation. Thus the support system for Hakone is well- rooted in the community. Hosting such culturally diverse activities as the Chinese Lunar New Year celebrations, Indian Diwali, Persian poetry reading, Korean Tae Kwon Do demonstrations and West African Drumming and Dancing, Hakone is revealing its destiny as a cross cultural' gathering place. In fact, the Foundation has been actively working to reach out to the broad spectrum of cultures and heritages in California and abroad, as it transforms itself into a true global forum. See Attachment 3, Partnerships, for a deeper explanation of the many partnerships that are at work to support Hakone today. IV. Hakone Foundation's Financial Objectives Since Hakone is the oldest Japanese Estate Gardens and one of the finest examples of the Japanese garden history in the United States. It represents a unique garden style called "Sanso -fu" and displays a variety of garden techniques and material uses. The garden's historical value and significance also rely upon the fine architecture in the garden. The buildings exhibit the aesthetics values and technical refinements of their time and, as a group, they represent a rare collection of Japanese architecture in this country. The gardens at Hakone, and in particular the buildings, exhibit the inevitable aging that comes from being more than 94 years old. Several of the buildings are in urgent need of repair and rehabilitation. The gardens also face technical as well as financial challenges as the Foundation works to establish a solid business model to support this large operation on its 18 acre site. Fortunately, Hakone has begun to overcome some of the financial challenges that in the past have overwhelmed and led to the destruction of many other public estates and garden. In addition with nearly a half- century of insufficient and unreliable funding sources, only in recent years have the buildings and gardens received the necessary technical expertise and skilled labor to address years of deterioration. This master plan is an attempt to provide a set of aesthetic and technical guidelines and standards for repair, restoration and maintenance that will bring the gardens and buildings to the appropriate quality level. Coupled with these grass -roots efforts our active fundraising endeavors have borne fruit in recent years. Hakone has been fortunate to receive $120,000 from the Santa Clara County Historic Heritage Commission, which will be used to refurbish and repair the Lower House (see Map, Figure 9, Attachment 5) to bring it back to its original glory and make it suitable for large gatherings. In addition, recent fundraising efforts have also resulted in pledged commitments of $350,000; a portion of the funds required to build an International Visitors and Retreat Center. V. Overview of the Gardens, Structures and Surrounding Areas A. Major Gardens Hakone Gardens as a whole represents the "Sanso" or mountain villa style of a strolling garden. Authentic Japanese buildings are nestled in the lush vegetation on its steep slopes. There are four major gardens at Hakone: • The Hill and Pond Garden • The Tea Garden • The Zen Garden • The Kizuna -en Bamboo Garden The Hill and Pond Garden was built around 1917 and is one of the oldest Japanese garden styles. This, the largest and centrally located garden, is one of the main attractions of Hakone. Visitors are able to enjoy strolling through the landscape around the ponds. The Tea Garden is entered via curved stepping stones in a lush field of moss. A water basin (tsukubai) enables the ritual of washing hands and rinsing of mouth prior to entering the tea house. This garden is an essential part of the tea house and helps guests leave the mundane world behind and prepare themselves spiritually. The Zen Garden is to be contemplated and viewed without entering. Often called a Rock Garden, it represents mountains, islands and Buddha floating over the white sand which represents the ocean. The combination evokes the vast expanse of the universe. The Kizuna -en was built in 1987 and was a gift from Saratoga's sister city of Muko in Kyoto, Japan, with contributions from the Bamboo Society of Japan. It is renowned for its collection of rare bamboo species. All natural materials - plants, rocks and water - are skillfully and harmoniously employed, utilizing traditional methods of Japanese gardening. B. Smaller Gardens Hakone Estate and Gardens comprises several smaller gardens, in addition to the major gardens listed above. These include the Camellia Garden, the Tea Plantation Garden, and the Pine Moon C. Existing Buildings There are eight buildings on the Hakone grounds at present. These include: • The Upper House (Moon Viewing House) • The Lower House (Zen Garden House) • The Cultural Exchange Center (CEC) • The graceful Upper Tea House (Shogetsu -an or Pine Moon House) • The Office Building (Converted from the original barn) • The Historic Gardeners House • The Office Building, the Pump House Storage Shed and the Gift Shop (Converted garage) The Upper House was built in 1917 by Tsunematsu Shintani (1877 -1921) and is a mix of two Japanese architectural styles, Sukiya- style and Shoin- style. Shoin is formal in arrangement and characterized by the ornamental alcove and staggered shelves. Sukiya- style, on the other hand, lacks obvious ornamentation and' its aesthetics rely upon the state of natural materials with little or no modification. The building, located high above the garden and far from the entrance, provides a spectacular view and is especially important for moon viewing in the autumn. A refuge for visitors, this structure is both historical and authentic; it was almost entirely built without nails. The Lower House was originally built in 1922 as a summer retreat. During the 1980's it was partially remodeled to serve as a community facility, and the adjacent garden was modified and tea rooms were added. The Cultural Exchange Center (CEC) was built in 1992. It is a replica of a tea merchant's house in Kyoto. The traditional Japanese building and its structural members were fabricated in Japan, shipped to Hakone and assembled on site. The CEC provide a venue for a wide range of cultural and educational classes, workshops and exhibitions as well as a lodging facility for the occasional artist or researcher-in-residence. The Small Upper Tea House (Pine Moon or Shogetsu -an) is a small wooden structure that can accommodate a small group of people. It is opened for special tea ceremonies. The Historic House (staff residence) is of historical significance. It was recently renovated and is used for ensuring 24 -hour safety and security for the Gardens. VI. Future Plans for the Gardens, Existing Structures and Surrounding Areas A. Four Major Gardens In general, the future plans for the four major gardens center around two issues: restoring the gardens, using traditional Japanese techniques and employing local technical expertise where possible, and enhancing the gardens. Equally important is the need to provide a safe and enjoyable environment. We are fortunate to have at our disposal historical records and technical documents that play an important role in guiding this plan. The Hakone Foundation has recently established a partnership relationship with the renown Ogata Kai Landscape Architectural professional association. Ogata Kai is composed of the top Japanese Landscape Architects from throughout Japan and part of March 2011 and February of 2009 at Hakone restoring some the key landscape features of Hakone's hill and pond garden and the main entrance. Garden Restoration: The restoration work requires careful planning of multiple tasks: design; approach; project funding; scheduling; material selection and procurement, and securing technical expertise (preferably local, supplemented by national or international expertise where appropriate). Technical improvements and training of the garden's maintenance staff continues to be an important goal in this plan. Inviting garden professionals from Japan is an effective way to improve the skills of the garden staff as well as to enable Japanese professionals to adapt their skills and knowledge in an international setting. This process of teaching and learning will benefit Hakone in further understanding the technical and cultural aspects of Japanese gardening and in assuring the overall quality of the gardens. Garden Improvements: Only minimal, strictly necessary improvements should be made, and only after being thoroughly tested against the Hakone vision and purpose, cultural and historical values, and emerging needs. Construction techniques and materials available locally should be examined closely in terms of their compatibility with traditional methods: techniques and materials vary widely in Japanese gardening, but new or foreign yet traditional materials and techniques should be introduced with care. Casual and mixed use of new and foreign materials or techniques may cause confusion in the garden's maintenance practice and disarray in the appearance of the garden. Governing Principles 1. The preservation of Hakone is the first priority. The Tea Garden — Future plans are to enhance the sequestered nature of this garden. The Zen Garden — Future plans are. to enhance the size of this significant garden so that it can display traditional designs. The Kizuna -en Bamboo Garden — Future plans include protecting and enlarging the garden. The land at the top of the garden will be the focus for future expansion. B. Smaller Gardens Likewise, plans for the smaller gardens focus on protecting and enlarging them and enhancing the educational nature of the gardens. The Camellia Garden and the Tea Plantation Garden — Future plans include protecting and increasing the size of the gardens and adding to the number of plant specimens. In addition, Hakone plans to enhance public education programs related to these gardens. The Pine Moon Tea House and surrounding garden — Future plans are to maintain and enhance this traditional space that is used for special events. The surrounding small garden and bamboo fence will be refurbished and redesigned to enhance the privacy and traditional design. C. Existing Buildings The existing buildings must be maintained and, in some cases, brought up to modern code requirements. The Upper House — Future plans are to maintain and enhance the building. The foundation must be shored up to meet present codes. The entrance and exit areas should be re- landscaped for better flow of foot traffic. The Lower House — Plans include enhancing the entrance to meet ADA codes, and refurbishing the food service area so it can be used for wider public use. The entrance will be broadened and will allow for wheelchair access. Visitors will leave the building from the front (North) exit and will easily access the nearby Cultural Exchange Center. As mentioned above, the Zen Garden in front of the building will be restored to a more authentic design, as well as to add a new gate and The Historic House, with its tight landscaping, will be incorporated into the Visitors Center (see below, Section VII) when constructed. The Office Building, Storage Shed and Gift Shop are of no historical significance. When the Visitors Center (see below, Section VII) is built; they will be removed or relocated if necessary. VI1. Future Plans for New Structures A. Visitor Center - Overview Hakone has for years suffered from the lack of an open, inviting yet sheltered area where visitors can come during inclement weather and sit, have a cup of tea or a small meal, and learn about Hakone and her unique heritage. Such a.place would be idea to house traveling or permanent art exhibitions, historical artifacts and photos, and videos. In addition, a Visitor Center would enable Larger gatherings to take place year- round, and would be an ideal venue for performances by dancers, musicians, storytellers and other talented groups and individuals representing a wide variety of cultures. B. Visitor Center— Design Concepts, The Visitor Center design is intended to evoke an atmosphere of peace and of the expression of traditional Kyoto townhouse or machiya with lattice windows and doors. Although the building as currently conceived is approximately 3,000 sq. ft. - small by American standards - its wide eaves and generous wide passageways under the eaves and around the building perimeter promote an open feel. See Illustrations 1 -3, Attachment 5, for a visualization of a possible design for the Visitor Center. In addition, the eaves provide shelter and seating space without interfering with the use of the interior space. Folding benches, shyogi (see Illustration 4, Attachment 5) on the side of the building provide additional seating space when needed. The Visitor Center would thus both enhance visitors' experience and boost the profile of Hakone as a cultural destination. A wide and generous open space, the Terrace, is adjacent to and is an integral part of the Visitor Center. The Terrace provides not only open dinning and gathering spaces but also accommodate an open -air exhibition and display space. Various kinds of Cho -bona (tea ceremony) plants are displayed for viewing and for sale and a nearby booth will be available for explaining and teaching the way of arranging Cha -bona. Similarly, another booth displays and sells miniature Bon -sai (called 'palm -size' .bonsai). The Visitor Center would ideally be located adjacent to the existing restrooms. C. Visitor Center— Facilities Guests would enter through a gate (see Illustrations 7 -8, Attachment 5), and would enjoy the following facilities (see all proposed Visitor Center plans in Attachment 5): The Terrace space could accommodate: M Display of Cho -bona (tea- ceremony flower) plants and their arrangement for tea ceremonies M Display space for miniature Bon -sai (dwarf trees) which could be sold M Display and demonstration space for various types of bamboo fence D. Proposed Changes to Other Structures, Facilities and Improved Areas Other long -term solutions involve examination and improvement of the process of garden admission in terms of: 1) the flow of vehicular and pedestrian traffic; 2) easy and comfortable access; and 3) uplifting and welcoming experience. The garden entrance and experience of entering to the garden is important in setting a tone in the mind of a visitor for his /her expectation for the rest of their experience throughout the estate and gardens. A suitable and permanent solution for the garden entrance should encompass the entire area around the gate and beyond. D -1 Front Garden Hakone proposes to modify the front garden by adding entry and exit gates, as well as a ticket counter. These modifications will provide a safe and enjoyable route that meets both ADA requirements and garden aesthetics, introducing a graceful and stately approach to the existing main gate and will playa key role in welcoming visitors to the Visitor Center and the Gardens. D -2. Parking Lots The present parking lot is capable of holding 90 cars. It should be updated to allow for maximum parking capacity. The retaining walls surrounding the parking lot need to be evaluated for strength and safety. In addition, other parking opportunities are being discussed with the City of Saratoga, since more parking space is needed for the expected growth of Hakone's usage. Another issue is where to park group buses. Since buses cannot negotiate the steep driveway, parking at the nearby Quarry with small vans moving groups of people up to Hakone is a potential option that is being discussed with the City. D -3. Entrance Road The present road is steep and windy. Its surface is old and deteriorating, but recent renovations during 2010 have involved resurfacing and trenching to allow electricity and water to be brought down to the Highway 9 entrance to the site. Hakone is working with the City of Saratoga to D -5. Entrance sign, gate and decorative wall beside the road The current sign, gate and decorative wall will all be evaluated, redesigned and enhanced or rebuilt. Electrical conduit and water pipes have been brought down to the site to allow for decorative lighting and sustainable landscaping. D -6. Arbors and Vine Covered Walkways The wisteria arbor walk is covered by a wooden arbor that is too short for many visitors; in addition, the wooden arbor is rotting. • Plans call for rebuilding it with more durable materials to withstand the elements and hold the weight of the large vine. In addition, it will be made taller to allow for visitors to walk comfortably under it. D -7. Fence Around the various gardens Plans call for bringing the fence to a standard size and making it opaque. The purpose of the fence is to provide protection against deer and to provide privacy for garden visitors. Being opaque, the fence will also prevent those on the public hiking trail from seeing the backs of buildings, thus focusing their view on the oak forest. D -8. Paths Inside the Gardens The path from the Mon (main gate) to the CEC is to be redirected away from the old oak roots. In general, paths are constructed from a variety of materials. Plans are underway to evaluate them for visitor safety, and to rebuild them to meet changing standards for Japanese Gardens when necessary. D -9 Garden Entry Restoration (Walkway, Footsteps and Mountain Path) The Garden walkway will be improved and repaired with concrete aggregate (arai- dashi) or natural stone or granite (kiri -ishi) with consideration given to safety and to harmonize with the existing scenery. Walkways will be smoothed or flattened so as to remain safe and dry. D -10. Hiking path outside the Gardens The City of Saratoga has plans to connect this path to the larger hiking path system. This path starts at the street level near the Garden's entrance sign. It winds through the natural oak forest outside of the Garden's fence up to the top of the hill property. Plans are to connect the path to another future trail. This simple dirt path needs to be maintained and kept free of brush and tree limbs. D -13. Gardening Staff staging area Garden staging is presently done by the staff in various areas around the Gardens. Future plans are to evaluate and coordinate needed staging areas for more efficiency and better aesthetics in relation to the public areas. A larger space will be needed for storage and garden planning as the garden grows. Hakone may explore the option of using some available space at the Quarry site. The Foundation is currently discussing option with the City to investigate this option. D -14. Stage, Madrone Mound Plans are to move the stage to a new area on the Madrone Mound and to enlarge it. Electricity for lighting and sound needs to be evaluated. D -15. Mon or Main Gate, Bridges, Pavilions, Viewing Benches, Lanterns and Sculpted Rocks At present no plans exist to make modification to these items. VIII. Budgetary Requirements to Meet Future Plans Hakone has, through careful management and strict attention to detail, managed to bring the Estate and Gardens from a major deficit to a break -even operation over a period of just seven years. Generous donations from our member and donor base, coupled with significant contributions from the National Trust for Historic Preservation, Japanese Corporation and Foundations, the David and Lucile Packard Foundation, and the Santa Clara County Historic Heritage Commission have enabled us to undertake major renovations in recent years. Examples include new roofs for the historic buildings, restoration of the many garden structures, gates, bridges, pathways, stone steps and supporting structures. Today the Foundation is looking toward some significant financial requirements in the future. We will again rely heavily on donations, corporate matching grants, foundations, and other institutional philanthropies to meet these needs. A. Visitor Center— Budgetary Requirements Initial estimates of the cost of design and construction of the Visitor Center are approximately $2 million. To date the Foundation has raised secured $350,00 in pledges. B. Gardens and Other Structures, Facilities and Improved Areas— Budgetary Requirements Ongoing costs to preserve, rehabilitate, restore and reconstruct the gardens, other structures, facilities and improved areas are estimated to be approximately $450,000. 8. VISITOR FLOW THROUGH ALL OF THE GARDEN AREAS 114 L Main Cultural Exchange Facility Special Event use Cultu I Exchange Center i 4 #� Continual use Visitor Center Month /Se son Annual use Upper House Lower House apan Fair, Traditional Performing Arts / Fig.1 Facility Use Diagram 9. Facilities unctions Events F A C I L T Y P A L N • Fine art display CEC Receptions o Corp.Retreat • Hosting dignataries • Tea ceremony n Exchange Facility Visitor Center and Terrace I Lower House I I office I Garden • Ticket sale /Gift Shop • Historic information • Route information • (Horticultural arts &Crafts • Meeting • Various Receptions Tea ceremony International group I• Administration I Viewing ntique, Contemporary ight meal,Luncheon,Snack • Business gathering, Community • ultural exchange • Ryu- rei(Tea ceremony using tables & chairs) • Bulletin& Orientation • Interpretive display Japanese tea with snacks • Bonsai display, sale Cya -bans school Cya -bana display, sale Various bamboo displays • Family Events(evening only) • Informal Gathering • Interpretive Zen teachings • Tsukimi(Moon viewing),Haiku, Syakuhachi flute,Syodou • Asian Cultural Programs, Tai Chi, Yoga • Tea ceremony school, Kimono school, • Tea ceremony dishes Self guided tour Points: Visitor Center structure should not extend beyond this line errace Garden Points: Processional atmosphere and Traditional formality Sense of formality and Traditional Japanese aesthetics should be heightened in this frontage area. ExC cE Li '4: ie Emergency 650 �j�/ �/ ntran a Garden Main Approach Main Gate Garden Points: Gates for special occasions and for guests of honor (utilized also as an emergency access) Points: Entrance garden is to enhance visitors' sense of expectation and aesthetical experience :)f the Visitor Center. The spatial arrangement in which the Visitor Center is screened or partially >een would increase the visitors' interest and expectation. Fig.3 Zoning r Chairs h ATO � 77 I f AiE fA{<FR k o sa �-- Plants for Tea Ceremony PI Points: Processional atmosphere and Traditional formality Sense of formality and Traditional Japanese aesthetics should be heightened in this frontage area. ExC cE Li '4: ie Emergency 650 �j�/ �/ ntran a Garden Main Approach Main Gate Garden Points: Gates for special occasions and for guests of honor (utilized also as an emergency access) Points: Entrance garden is to enhance visitors' sense of expectation and aesthetical experience :)f the Visitor Center. The spatial arrangement in which the Visitor Center is screened or partially >een would increase the visitors' interest and expectation. Fig.3 Zoning Tab.1 Characteristics of Gardens Variety of Gardens Function, Image and Goal F I Main Gate Garden lvlain Gate Garden is the face, the physical and spiritual symbol, of R Hakone. In this space, Japanese aesthetics are heightened and traditional O garden techniques prevailed. N T C Entrance Garden nce Garden is to provide a welcoming atmosphere as well as.a firm aesthetic impression of what is expected to be seen. The garden provides an expressive spatial "void" or distance to frame the best proportional beauty of the architecture of the Visitor Center. A Terrace Garden Terrace Garden is an integral part of the Visitor Center in both aesthetic and R functional ways: to provide the necessary spatial void /distance, like the Entrance D Garden, to heighten the architectural beauty and its harmony with the surroundings E ; and to accommodate gathering; outdoor dining and other activities necessary N to expand the ability of otherwise the limited interior space of the Visitor,Center. Attachment 1— Definitions Approaches and Definitions of Improvements for the Historical Site "Preservation" is an act or a process to maintain the current state or conditions (whole or partial) of the site or building. The work focuses on restoration and implementation of protective measures and avoids a total replacement or re- construction. "Rehabilitation" is, while maintaining its historical, cultural and /or aesthetical values, to repair, renovate or enhance the site or building in an attempt to bring it to today's standards or use. It encompasses "restoration" and "re- construction ": The term "restoration" is an attempt to bring the current state or conditions of the site or building to a certain point in its history or its original conditions or state, while "reconstruction" means to recreate the original site or building for a specific purpose. These terms are further defined as: "Restoration" is re- construction efforts to bring the site building back to a specific time in place. It involves the removal of past restoration that had, intentionally or un- intentionally, changed or erased the characteristics of the site or building at the specific time in place. "Reconstruction" is an act or process to reproduce or recreate a site, landscape, building, structure, object or detail to its state or condition at a specific time in place in its history. It is essential in the restoration of a historical site to repair and renovate the whole and all details adhering to its true historical characteristics. "remodeling" is not considered as an appropriate approach to a historical site as it typically entails removal and replacement of essential parts — staircase, windows and walls in case of a building remodeling —often resulting in an intended loss of its historical significance. "Development" In conjunction with restoration efforts, additional site improvements with the current techniques and aesthetics are proposed as a new "development" A clear understanding of these approaches and their definitions and limitations is critical in any attempt to work on a site of historical significance such as Hakone Gardens. Preservation, Rehabilitation and Development are all essential approaches and should be balanced: when and where or whether to apply any of the three approaches will determine the quality of this historic garden. Reference: The Secretary of Interior Standards for the Treatment of Historic Properties Attachment 2 — Traditional Garden Techniques Traditional Garden Composition and Techniques Including Garden Concepts and Terms. Shin- Gyo -So," Pure flowing- cursive This is a traditional way of expressing beauty, passed on throughout the long history of Japanese gardening. "Shin(pure)" refers to vigor which strikes accurately, leaving no gaps, "So(cursive)" is the form of elegance within decay and the two are linked by a flowing movement called "Gyo." Ten - Chi -Jin, " Heaven - earth -man Here, the basic arrangement is an irregular triangle with depth. This is called "Ten (heaven)," "Chi(earth)" and "1in(man)" or "Shin Soe Hikae," which refers to the relationship between three forces. It is a technique which manipulates space and is expressed by pointing up the difference between strong, medium and weak, large, medium and small; high, medium and, low; and far, medium and near. Emphasizing far and near This method is not unique to Japanese gardens, and has been inherited from the past as one of the traditional landscaping techniques. For example, a tall tree with a thick trunk is planted close to the house, and a small, slender tree is placed in the distance. The technique creates perspective by the deliberate positioning of near, middle distance and distant scenery. Another deformed technique which emphasizes distance is used in making winding streams or paths in the lawn. These are only slightly compressed to the right and the left when seen from the house, while the far and near perspective is compressed to the maximum. Manipulation of accent and stress Highlights and less important points are clearly defined in the arrangement of a Japanese garden. This does not apply to a symmetrical style garden, but in other styles, the highlight or main feature is not brought to the center of the garden, but placed to the left or right (manipulation of accent and stress) and given particularly forceful expression. In this. way, the whole garden achieves a strong sense of balance. be created by altering and unifying the balance, the direction, the contrast between high and low and the sense of rhythm. Even trees and stones have a quality and feeling of their very own. A certain kind of direction and force emanates from the shape of these and formal combination of their positioning, slant, height and plotting. This is what is meant by spirit or elan. The art of unifying and harmonizing elan and giving it a sense of balance is important in garden construction. A dynamic balance is also achieved by ingenious expression of elan. Psychological effect of suggestion Here, the scenery which you wish to show, for example, a stone lantern, a .waterfall, etc. is partially hidden by trees or shrubs. In this way, the psychological effect of suggestion or association is used to complete the aesthetic pleasure. Eye stop (focal point) A technique which has been in use from days of old consists in providing striking additional scenery in conspicuous places such as garden paths or at the end of paths or in bright spaces which can be seen from cramped, dark spots. This method of arresting the line of vision on something striking is known as "eye stop ". In addition to the traditional techniques of expression mentioned above, there are also others which suit the temperament of the Japanese people. These include imitation. The crossing corner It makes a new balance with destroying the balance of the division which depends symmetrically on either side and dividing by the slanted line. The basic principle of the 1 -3 plan The garden restoration and the preservation ATTACHMENT 3 - Partnerships 3 -1. Relationship with Japan Throughout the long history of Hakone, an enormous number of Japanese people, organizations, groups and sister cities have entered into relationships with Hakone in a variety of forms, thereby supporting our cultural exchange endeavours. In the future, such relationships should be re- examined and the reasons for the attenuation or cessation of any of these investigated. Moreover, with regard to those that can be maintained and further developed, it is vital to build friendly relations anew. In terms of introducing Japanese culture and providing more profound insights into Japanese gardens at the Hakone Gardens, it will be important to seek and construct new sister garden relationships and build up collaboration with new personal connections and related support groups, thereby developing active relationships of friendship. 3 -2. Relationship with the Community As far as the relationship with the local community is concerned, Hakone has been actively reaching out to embrace the culturally- diverse local community. We encourage the use of the gardens as a venue for conducting practical study and gaining hands -on experience through international cultures and programs. In addition, there is an active and expanding docent volunteer program that accompanies the wide array of international programs and guided tours. 3- 3.Collaboration with Organizations Involving Japanese Gardens around the World (Friendship] Hakone plans to take the initiative in developing a network that exchanges information concerning topics, issues and problems common to the numerous Japanese gardens around the world: As a start, the Japanese gardens that exist within the USA should become members of each other's organizations, exchanging information and providing support. Hakone has already developed a partnership with the Japanese Garden Society of Oregon (Portland), with a view to engaging in exchange with that organization. By doing so, we have developed a forum to discuss problems shared by both organizations and will incorporate the results of such discussions into the future of the gardens. ATTACHMENT 5 — Illustrations FIGURE 1- Front Garden (Visitor Center) . Lower House Garden HAKONE JAPANESE GARDENS FIGURE 2 Front Garden (Visitor Center to be used only as an example) FIGURE 3 (ground plan): Visitor Center (To be used only as an example) I zt, Kiyoshi Yasui FIGURE 4 Visitor Center a Ift E -921 (North) S= 1/1'00 OR 10 4 rt1-21j1 (West) S =1/100 `,n` Chairs (Photo 1) N w 0 .v 3 �I N_ w N -v Iv ILLlC MR Shop :ifs Shop rt1-21j1 (West) S =1/100 `,n` Chairs (Photo 1) N w 0 .v 3 �I N_ w N -v Iv FIGURE 5 Visitor Center 3- L6 A.- Kiyoshi Yasui FIGURE 6 Visitor Center, Terrace Garden FIGURE 7 Mon (Entrance Garden) — FIGURE 8 (details): Entrance Gate 10.51 ine Mooi o Garden N na -en) Parking Lot WIA ip Don't miss this eiceptiona(C(ance to see the (ighest Japanese traditionafart TOrcfiligfit J(VOfi Pfa-V e in tfidens � ar Performed by 11 Kyoto Kanze Ryu (Professionafs f�` 6:00pm Gates Open 7:00 pm Mai Bayashi "Tenko .. Koji Hashimoto 7:30 pm Kyogen "Shimizu" Theatre of Yugen Intermission 8:30 prn Noh °TsLu7emasa" Kozaburo� August 28, 2012 (Tuesday) At JfafCone Estate and Gardens 21000 Big Basin Uay, Samtoga, C 9-5070 Pre - registrations: $60/person (Light meal will be served) Walk -ins: $70 Parking: $5 per car Car -pool is strongly suggested How to pre- register? By Telephone: 408 - 741 -4915 By On -line: www.hakone.us Sponsored by Hakone Foundation / Hakone Gardens Supporting Committee Supported by Consulate General of Japan in San Francisco It A t, All proceeds from this event will be used to preserve and enhance Hakone Gat-dens womm -9 T ,% 7'r7 7 s ;>'-q f- Al, 1 1 A A,4$ t %- - 20 72-4E8)928H (A"A Y) _ A fI: t -7—l- f-76 Sarato"a, CA95070 j 21000 Big Basin Way, 6 0 0 p m rffi �1� � �i s� $ 6 0 ORA� c#`� 7 OOpm�� -'H,�: $70 � p �sc1 �JF� $ 5 I� 7 3 0 pm 1, R 7}C J it T h e a t r e � o f Y u g e n a 408-741-4915 8: 30pm w ww. h a k o n e. u s T Tl = 1 IIE : M R 71 iiT /� �/ F0)�il;� It, rHIRx i —T *n 4R t - 5 :2 0 i 0) # o 0) t_ I� 1 0 00/oft i # :�+'ti7:5iiZ:j Q FE l:a`np r 1 1 lj� �utumpz (9 Ema 6 Hakone presents a light opera performance of: c9Z t17,ofXa��7 r� featuring some of the best -known opera names in California: Christopher Bengochea, Tenor John Minagro, Bass - Baritone Sandra Bengochea, Soprano Join us for an enchanting evening in the gardens at sunset, with hor d'oeuvres and wine, followed by an in- costume production of some of the most memorable scenes. Seating and wine tasting from 6:30- 7:30pm. Buffet dinner follows the performance, with the artists in attendance. $150 per person, $125 for members 50% of the ticket price qualifies as a tax-deductible donation, all fundraising proceeds help preserve Hakone. Register by phone: 408 7414977 Online: http:// a3. acteva. com lorderbooking/bookEventIA320107 SE, #& Jz% 7, 2012 Hakone Estate and Gardens 21000 Big Basin Way Saratoga California 95070 Non Profit Org. U.S. Postage Paid Saratoga, CA Permit No. 1208 la ADDRESS SUBJECT CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL AGENDA ITEM NO. = DATE TIME OF DAY CARD IS FILLED OUT: __..,.J al NO. � � �, -� CITY OF SARATOGA REQUEST TO ADDRESS 7.,�Y COUNCIL_ NAME. ADDRESS- v SUBJECT------ AGENDA ITEM',NTO. 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