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HomeMy WebLinkAbout01-10-2000 Park and Recreation Commission AgendasSaratoga Parks and Recreation Commission Meeting City Hall Administrative Offices 13 7 7 7 Fruitvale Avenue, Saratoga Monday, January 10, 2000 7:30pm REVISED AGENDA Organization A) Roll Call: Alberts, Clabeaux, Dodge, Fronczak, Ioannou, Olsen, Seroff B) Report on Posting of the Agenda: Pursuant to Government Code 54954.2 the agenda was properly pos�d on December 29, 1999. C) Approval of November 15 November 22, 1999 minutes. II. Administration A) Welcome and introduction of new Commission Members B) Attendance/Registrati�n for March 15-IS, 2000 California Pacific Southwest Recreation Park Training Conference in Ontario, CA C) Park Development Fund Finance Department Report III. Oral Written Communication (This section is for the public to speak on any item not on the agenda) IV. Old Business Action Matrix Items A-D listed below: A) Play Equipment for Gardiner Kevin Moran Park update. B) Parker Ranch Trail closure update. C) Mt. Eden Estates trails update. D) Bicycle Advisory Committee meeting on 12/7/99 update V. New Business A) Presentation by Teri Baron of Saratoga Trail Enthusiasts. B) Presentation by Mr. Dennis Paboojian of Saratoga Trail Enthusiasts regarding the granting of a trail section easement Mt. Eden Estates. C) Presentation by Matt Madison of Indoor Sports Network Corporation. D) Presentation by Dr. Kevin Skelly, Principal of Saratoga High School, regarding funding for the new aquatic center. E) Wildwood Park Review of play equipment Safety Issues raised by community. 0 VI. Commissioner Staff Reports A) Commissioner Reports B) City Hall Update Staff liaison Cary Bloomquist C) Recreation Department Status Report Joan Pisani VII. Adiournment Saratoga Parks and Recreation Commission Meeting City Hall Administrative Offices 13 7 7 7 Fruitvale Avenue, Saratoga Monday, January 10, 2000 7:30pm AGENDA OrQanization A) Roll Call: Alberts, Clabeaux, Dodge, Fronczak, Ioannou, Olsen, Seroff B) Report on Posting of the Agenda: Pursuant to Government Code 54954.2 the agenda was properly pos±ed on January, 2000. C) Approval of November 15 November 22, 1999 minutes. II. Administration A) Welcome and introduction of new Commission Members B) Attendance/Registrati�n for March 15-IS, Z000 California Pacific Southwest Recreation Park Training Conference in Ontario, CA C) Park Development Fund Finance Department Report III. Oral Written Communication (This section is for the public to speak on any item not on the agenda) IV. Old Business Action Matrix Items A-D listed below: A) Play Equipment for Gardiner Kevin Moran Park update. B) Parker Ranch Trail closure update. C) Mt. Eden Estates trails update. D) Bicycle Advisory Committee meeting on 12/7/99 update V. New Business A) Presentation by Teri Baron of Saratoga Trail Enthusiasts. B) Presentation by Mr. Dennis Paboojian of Saratoga Trail Enthusiasts regarding the granting of a trail section easement Mt. Eden Estates. C) Presentation by Matt Madison of Indoor Sports Network Corporation. D) Review letter from Dr. Kevin Skelly regarding funding for swimming pool project. E) Wildwood Park Review of play equipment Safety Issues raised by community. VI. Commissioner Staff Reports A) Commissioner Reports B) City Hall Update Staff liaison Cary Bloomquist C) Recreation Department Status Report Joan Pisani VII. Adjournment Saratoga Parks and Recreation Commission Meeting Administrative Offices, 13777 Fruitvale Avenue, Saratoga November 15,1999 7:30 p.m. Achon Minutes I. Call to Order The meeting was called to order at 7:32p.m. II. Roll Call Commissioners Present: Alberts, Clabeaux, Ioannou, Olsen, Swan, Whitney Commissioners Absent: Friedrich Others Present: Council Member Nick Streit, Joan Pisani, Dennis Paboojian, Teri Baron, Kara Chalmers, Cary Bloomquist III. Report on Posting of the Minutes: Pursuant to Government Code 54954.2 the agenda was properly posted on November 11, 1999. IV. Approval of Minutes of October 18, 1999 Meetin� Commissioner Swan madc a motion to approve the minutes of October 18, 1999. Commissioner Whitney seconded the motion and the motion was carried (6/0). V. Administration: A) 1999 Parks and Recreation Christmas Gathering will be held at the residence of Joan Pisani on 12/06/99. A flyer with specific information will be distributed at a later date. B) Selection process for Commission Chair and Vice Chair was mentioned by Chair Olsen. Liaison Bloomquist explained the selection process and discussion ensued among the Commission. C) Nomination and selection of the Commission Chair and Vice Chair proceeded. Commissioner Swan nominated Commissioner Alberts to serve as Chair. Commissioner Whitney seconded the nomination. No other nominations were presented. Commissioner Alberts was selected as Chair by majority vote. Commissioner Whitney nominated Commissioner Ioannou to serve as Vice Chair. Commissioner Swan seconded the nomination. No other nominations were presented. Commissioner Ioannou was selected as Vice Chair by majority vote. D) Commissioner Roles/Individual Project Assignments. Some discussion ensued among the Commission members. No resolution or conclusion was reached. E) Park Development Fund-Finance Department Report. Liaison Bloomquist presented report and received feedback from the Commission. Council member Nick Streit provided the Commission with additional information regarding the reports. VI. Oral Written Communication: Chair Olsen spoke about a letter received from Matt Madison of Indoor Sports Network Corporation. Commissioner Swan requested that Liaison Bloomquist i research Mr. Madison's proposal and place the item on the next Parks and Recreation Commission Agenda for January 10, 2000. VII. Old Business: Action Matrix Items A-D listed below: A) Liaison Bloomquist gave an update on the play equipment improvement projects at Kevin Moran and Gardiner Parks. Discussion ensued among the Commission members. B) Liaison Bloomquist gave an update on the status of the closure of the "water tank section" of the Parker Ranch Trail. Teri Baron provided input regarding the site. Liaison Bloomquist indicated the target date for the trail closure is I 1 /24/99. C) Commissioner Ioannou discussed the need for follow-up regarding the Saratoga Creek at Wildwood Park clean-up project. Discussion ensued among the Commission members. The Commission decided that the clean- up efforts should commence in spring 2000, due to the approaching winter season. D) Teri Baron addressed the need for the trail at Mt. Eden Estates to be properly prepared using either decomposed granite or asphaltic chips. An area of the trail easement has been encroached upon by property owners, and these property owners would like to reroute the trail due to privacy/safety concerns. The Commission suggested Liaison Bloomquist follow-up on these issues with the appropriate City Staff. Commissioner Swan mentioned Saratoga Heights trails issues. VIII. New Business: A) Regarding the Joint Meeting with the City Council on October 26, 1999, Chair Olsen commented on the positive outcome of the meeting. Council member Nick Streit and Recreation Director Joan Pisani commented on the status of the Community Center improvement proposals. B) Mr. Dennis Paboojian gave a presentation about pursuing the granting of a trail easement at 22101 Mt. Eden Road. As a condition of granting a trail easement, the property owner is requesting that the City repairs a drainage culvert on his land. To obtain this easement, Mr. Paboojian suggested that funding from Public Works be utilized to pay for the culvert repairs. The Commissioners asked Liaison Bloomquist to follow-up on this issue with the appropriate City Departments, and to schedule a meeting with the key players. Commissioner Swan made a motion that the Parks and Recreation Commission request support for the granting of an easement on the properry located at 22101 Mt. Eden Road. Chair Olsen seconded the motion and the motion carried (6-0). C) Mr. Dennis Paboojian gave a brief presentation regarding the Draft Environmental Impact Report for the Paul Masson Mountain Winery Use Permit. Mr. Paboojian explained that trail segments 13 to 54 on the 1991 Saratoga Parks and Trails Master Plan may be affected if the use permit is approved and requested that the Commission take a position by formulating a response in support of maintaining trail easements. Since this item had not been agendized, no acrion could be taken due to Brown Act requirements. In response to Mr. Paboojian's presentation, the Commission decided to hold a special meeting on Monday, November 22, 1999, at 5:30 p.m., to discuss this issue. The Commission requested that Liaison Bloomquist invite Community Development Director James Walgren to attend the meeting. IX. Re orts: Commissioner Keports: Commissioner Alberts indicated that if no other location could be secured, the December 1999 Holiday Gathering/Meeting could be held at her home. Chair Olsen commented on the expiration of her term as Chair effective 12/99. Citv Hall Update: Liaison Bloomquist invited Commission members to participate in the Second Harvest Food Bank 1999 Holiday Food Drive. Bags foi food collection were available to all Commissioners. Recreation Department Status Report: Recreation Director Joan Pisani mentioned the success of the Men's Basketball League in Saratoga and shared part of her conversation with Saratoga High School Principal Kevin Skelly. Mr. Skelly is seeking funding support foi the school's swimming pool improvement project. Ms. Pisani said she will provide the Commission with more information about the project at the next meeting. X. Adjournment Commissioner Olsen made a motion to adjourn the meeting with Commissioner Alberts seconding the motion. The motion carried (6/0) and the meeting was adjourned at 9:13 p.m. Prepared By: Caiy Bloomquist Staff Liaison MEMORANDUM Date: December 23, 1999 To: Parks and Recreation Commission From: Cary Bloomquist, Staff Liaison RE: Update on active projects Restrooms at Congress Springs, Wildwood, and El Quito Parks: Will go out to bid January 5, 2000. If all goes well, the contract for construction will be awarded within 6 weeks (needs to go to City Council for vote). Demolition/Construction should commence within 2 weeks and will last approximately 12 weeks. Play equipment improvement project at Kevin Moran and Gardiner Parks: The landscape architect is finalizing the plans and should be completed by mid January 2000. The contract for construction/installation will go out to bid sometime early February 2000. Congress Springs Park Improvements: The first coordination meeting was held December 22, 1999 with Council Member Nick Streit, City Manager Larry Perlin, Acting Public Works Director John Cherbone, Recreation Director Joan Pisani, Parks Supervisor David Mooney, A.Y.S.O. representative Mark Linskey, Saratoga Little League representative Keith Simon, and Parks and Recreation Commission Liaison Cary Bloomquist in attendance. The discussion explored the various options for the Park's user groups while the Park is closed for construction. The targeted Park closure time frame for construction and turf growth is November 2000 to August 2001. The "water tank section" of the Parker Ranch trail has been closed for approximately 3 weeks, and will remain closed until such time the Commission discovers a solution for the repair/re-route of the trail section. I will keep you updated as I receive new information. MEMORANDUM Date: December 23, 1999 To: Parks and Recreation Commission From: Cary Bloomquist, Staff Liaison RE: Update on active projects Restrooms at Congress Springs, Wildwood, and El Quito Parks: Will go out to bid January 5, 2000. If all goes well, the contract for construction will be awarded within 6 weeks (needs to go to City Council for vote). Demolition/Construction should commence within 2 weeks and will last approximately 12 weeks. Play equipment improvement project at Kevin Moran and Gardiner Parks: The landscape architect is finalizing the plans and should be completed by mid January 2000. The contract for construction/installation will go out to bid sometime early February 2000. Congress Springs Park Improvements: The first coordination meeting was held December 22, 1999 with Council Member Nick Streit, City Manager Larry Perlin, Acting Public Works Director John Cherbone, Recreation Director Joan Pisani, Parks Supervisor David Mooney, A.Y.S.O. representative Mark Linskey, Saratoga Little League representative Keith Simon, and Parks and Recreation Commission Liaison Cary Bloomquist in attendance. The discussion explored the various options for the Park's user groups while the Park is closed for construction. The targeted Park closure time frame for construction and turf growth is November 2000 to August 2001. The "water tank section" of the Parker Ranch hail has been closed for approximately 3 weeks, and will remain closed until such time the Commission discovers a solution for the repair/re-route of the trail section. I will keep you upda.ted as I receive new information. AI� ��ItEAT'IOI� COl�IISSI0I�1 �'IEE'I'II�G F'OI.I.O�'-I1P A�'�'�OI� LIS� �OIVIIVIIS�IOI� I�VIEET�I�1� .��1�1�J�� fl0 ll99� �genda ]Follow-ug� �cteon Yteq�e�ec� 5��ff �esponsilbVe ��ne ��te �ompletion II�ate ete�e Site Survey at Kevin Moran Park to be completed- Bloomquist 11/99 11/99 monitor progress Kevin Moran Gardiner Parks Play Equipment Bloomquist Ongoing timeframe projects-monitor progress Parker Ranch Trail Issues-Closure of Trail section Bloomquist 11/99 12/99 above water tanks-onitor Progress. Restroom improvements at Congress Springs, El Quito Bloomquist Ongoing timeframe and Wildwood Parks-Monitor Progress. Congress Springs Playfields Repairs-Monitor Progress Bloomquist Ongoing timeframe WildwoodPark-Evaluation of play equipment and safety Bloomquist Ongoing timeframe issues-Monitor Progress Distribution: City Council, City Manager, City Manager's Secretary, City Clerk, Director of Community Development, Director of Admin. Services, Acting Director of Public Works, D'uector of Recreation, Senior Administrative Analyst P�RK� �1D 1�C�ATIOI� COI�I�ISSIOI�] Ii�IEE'I'I1�1G FOI�LOdV-�JP ACT�OI�1 I,��'�' ��1VIIO�IISSI01�11VIEE�'�1�� �F ���J�� ll0, ll99� Ageffida �o�dovv-up Action �deqaair�ec9 Staff �esponsible �ue �ate �ompletion ��te etem Site Survey at Kevin Moran Park to be completed- Bloomquist 11/99 11/99 monitor progress Kevin Moran Gardiner Parks Play Equipment Bloomquist Ongoing timeframe projects-monitor progress Parker Ranch Trail Issues-Closure of Trail section Bloomquist 11/99 12/99 above water tanks-onitor Progress. Restroom improvements at Congress Springs, El Quito Bloomquist Ongoing timeframe and Wildwood Parks-Monitor Progress. Congress Springs Playfields Repairs-Monitor Progress Bloomquist Ongoing timeframe WildwoodPark-Evaluation of play equipment and safety Bloomquist Ongoing timeframe issues-Monitor Progress Distribution: City Council, City Manager, City Manager's Secretary, City Clerk, Director of Community Development, Director of Admin. Services, Acting Director of Public Works, D'uector of Recreation, Senior Adnunistrative Analyst �L��'��GA '��IIII.. �E�T'��$N�II�S�'� fl9830 Via ]Eseaae�a �s-. Sas-�toga, �A 95090 40� 74Il-0954 fax 40� �67-6100 e-ffi�il tlbaron(c�,aol.com December 14, 1999 City of Saratoga Parks and Recreation Commission 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Carey Bloomquist RE: 21801 Mt. Eden Rd., Please place on January agenda Dear Commissioners: I would like to come to the Commission meeting in January to discuss getting a trail placed on the above- mentioned property. This property was a tear-down and completely rebuilt and finished several months ago. This property has a proposed trail segment that is listed as segment 52 in the Parks and Trails Master Plan that runs along the front of it much like a sidewalk. I understand that while the property itself does not have a"trail easement" it does have a"public right of way" along the front 10 feet. The property right next door on the South(?) side, was built approximately 8 years ago. That property was required to have its front "public right of way" fully developed according to the standards in the Parks and Trails Master Plan. It has one of the best examples of what the trails should look like. It consists of header boards with compacted gold fines (decomposed granite) placed on the trail surface. However, somewhere in the planning process, the need to develop the subject property's front was overlooked and the trail was not put in. In speaking with the planner who handled the file, she indicated that a memo was sent to the Parks and Recreation Commission, but that she received no response from them. However, the landscape plans that are in the file, clearly indicate that a trail, just like the one next door, was to be built. I don't know what happened. The planner indicated that I could now broach the problem with the Commission. This is an important and well-used trail segment. Since there is still the public right of way along the property, I would like to suggest that we now move to build the trail segment just like the one ne� door. I will discuss this in more detail at the meeting. Thank you for your consideration, 'l., Teri Lynn Baro Cc: Dennis Paboojian �A���G� '�'Y��]L ]EI�1��IgJ���S�'� 12280 Saratoga-Sunnyvale Rd., #101 Saratoga, CA 95070 408 255-4300 fax 408 255-0646 December 10, 1999 City of Saratoga Parks Recreation Commission 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Cary Bloomquist Re: January Agenda, Mountain Winery We would like to be put on the agenda for your January 10�' meeting to review the City's response to the DEIR for the Mt. Winery conditional use permit application as it relates to trails. We have prepared a written comment (copy enclosed) that has been submitted to the County to address the impact of the planned activity on both county and city trails. Specifically, the City of Saratoga Master Parks Trail Plan defines two segments that are impacted by the planned activity...Segment 1�3/54 and Segment 53. We would like to discuss this issue with the Commission. Te i Baron TLBaron(a�aol.com William Brooks wtbrooks(cr�,brookshess. com �ARE�T�GA ���IL. IEI�'�']HI�.T�II���S 12280 Saratoga-Sunnyvale Rd., #101 Saratoga, CA 95070 408 255-4300 fax 408 255-0646 November 22, 1999 John Davidson, Planner Santa Clara County Planning Office County Government Center, 7`� Floor, East Wing 70 W, Hedding Street San Jose, CA 95110 Re: Comments on the Mountain Winery DEIR We are members of an advocacy group called The Saratoga Trail Enthusiasts (see Appendix I for a description of our goals and activities). We are all property owners in the County. We have several concerns about the Draft Environmental Impact Report (DEIR) prepared as part of the conditional use pernut application for the Mountain Winery. First, we believe the scope of this document is inappropriate given that the Mountain Winery has carried on the proposed activities for years without a permit or review (see Appendix II). 'I'he true scope of this project which should have been analyzed would involve the conversion of a rural vineyard and winery to a concert and event facility seeking seating for 2500 attendees at a specified number of concerts per year, and an event facility providing faciliries for up to 1500 people per event for up to 500 events per year, with the attendant number of necessary employees to service those concerts and events. Having the correct scope is important in order to assess the impact on the whole community as well as on trails and trail users from this conversion. As Appendix V and VI show, there has been a dramatic increase in traffic on Pierce Road and it directly impacts the City of Saratoga Parks Trails Master Plan. Mitigation for this impact is highly warranted. In addition, the scope is applied inconsistently throughout the DEIR documen� In assessing consistency of this project with current County policy (Appendix IIn, the DEIR at times uses the scope of a minor incremental increase in current activities while at others it recognizes that the activity would be terminated if the use permit were not �granted. This is especially unportant in that trail users have had access to the property in the past (see trail user comments in Appendi�c IV) and have been denied access for some years as activity has increased on the site. Also noted in Appendix N is that trail users have tended not to use trails in the vicinity because of the impact of traffic on Pierce .1 Road because of concerns for safety. The mitigation measures (see Appendix VII) recommended do not take into account that the impact of the proposed activity is from a rural mountain winery to an intensely active entertainment venue. A second concern is that the County Parks and Recreation Department has stated that it does not feel it appropriate to ask for a trail easement because it can find no nexus to the impact of the requested use and the need for trails as a mitigation of that adverse impact of the proposed activity. This position is incorrect for two reasons: l. The Landowner's Guide of the County Trail Master Plan specifically gives the County the opportunity to request a trail easement when the use intended "...would impact the surrounding community with regard to overall density, circulation..." (Appendix V). This is especially important in that the highest priority trail in the County Trail Master Plan is the Juan Bautista de Anza National Historic Trail. The segment through the Mountain Winery property would allow connection of Stevens Creek Park to Sanborn Park. 2. The City of Saratoga Parks Trails Master Plan specifically defines a trail across Pierce Road (Segment 13 to Segment 54), which would be directly impacted by the traffic generated by the proposed activity. There is a mitigation possibility in that the Saratoga Parks Trails Master Plan also defines a trail segment (53) that would allow the access to Sanborn Park through the Mountain Winery (Appendix A third concern is the traffic study done as part of the DEIR. Pierce Road is described in the study only as a 2 lane nual road (page 8) to whicb no changes are proposed. The study fails to mention that although very scenic, Pierce Road is a dangerous, narrow, winding, incline with no shoulders that has a continual stream of mixed traffic including pedestrians, equestrians, bicycles, automobiles, pickups pulling horse trailers and large trucks. The impact of adding 1147 cars to narrow, winding, hilly, rural Pierce Road in a single mass over the course of a half hour or so on a summer afternoon when a�concert lets out needs to be considered in light of the existing typical uses of that road and the adjoining roads at that time on a weekend afternoon. No one wants to charige the character of this scenic road, but public safety, which is now at risk, would be further impacted by the proposed activity. The traffic study treats Pierce Road as a normal city street (Appendix VI) and proposes no mitigarion (Appendix VII). There is a proposal in the City to divert traffic from Pierce Road that, while costly, will alleviate some of the traffic. Provisions for off road hiking and riding trails will mitigate the adverse impact of the increased traffic on the safety of those hikers and riders now compelled to use Mt. Eden and Pierce Road to access the parks, open spaces and equestrian facilities in and around the Mountain Winery and Mt. Eden Valley. Our recommendations (Appendix VIII) are: 1. The DEIR be redone with the appropriate scope covering a change from a rural winery to an entertainment venue attracting a large number of people in short periods of time. 1 2. The applicant work with the City of Saratoga to provide mitigation for the traffic impact on the trail segments affected. 3. The appiicant grant an easement on the property for the Juan Bautista de Anza National Historic Trail and Segment 53, City of Saratoga Trail system. 4. The applicant work with the City of Sazatoga on ways to reduce the traffic on Pierce Road and Mt. Eden Road. It seems to us that the City and the County Departments are not working together on this review of the environmental impacts. The project impacts the traffic on city roads and trails that are part of the City of Saratoga Parks Trails Master Plan. While this impact is in the City, the County Parks and Recreation Department does not see a nexus to the intended use from the impact on density, circulation and mostly public safety in tk�e community. We hope you can remedy this situation before the final EIR is issued on this project. i I Te Baron William Brooks Dennis Pabooji TLBaron@aol.com wtbrooks@brookshess.com Dpaboojian@thelin group.com Attached appendix: I. Saratoga Trail Enthusiasts II. Scope of the DEIR III. Consistency of this project with County policy. IV. Trail User Comments V. Saratoga City and County Master Trail Plan VI. Review of traffic study VII. Comments on mitigation measures VIII. Explanation of recommendations �E��E����s� 12280 Saratoga-Sunnyvale Rd., #101 Saratoga, CA 95070 408 255-4300 fax 408 255-0646 December 10, 1999 City of Saratoga Parks Recreation Commission 13777 Fruitvale Ave. Saratoga, CA 95070 Attn: Cary Bloomquist Re: January Agenda, Mountain Winery We would like to be put on the agenda for your January 10 meeting to review the City's response to the DEIR for the Mt. Winery conditional use permit application as it relates to trails. We have prepared a written comment (copy enclosed) that has been submitted to the County to address the impact of the planned activity on both county and city trails. Specifically, the City of Saratoga Master Parks Trail Plan defines two segments that are impacted by the planned activity...Segment 13/54 and Segment 53. We would like to discuss this issue with the Commission. r i Te Baron William Brooks 's aboojian TLBaron�a,aol.com wtbrooks(�a,brookshess.com Dpaboojian@thelindy oup.com �.�L����� ��g$������� Saratoga Trail Enthusiasts is an unincorporated advocacy and volunteer organization. It was born out of a need to preserve and maintain the trails in Saratoga. It consists of priinarily Saratoga residents that are interested in having and maintaining a trail network. 1�7ission Statement: o To enhance the existing trail system for the benefit of the citizens of Saratoga. o To develop new trails that links the existing trails to the County Parks and Open Space Districts. To follow through on the goals of the Hillside Specific Plan, 1981 and the Parks and Trails Master Plan, 1991. G'oals a�:d �bjectives: o Plan, implement and maintain trails for equestrian and hiking use. o Evaluate existing trails. o Clear and repair existing trails. o Ensure all future developments in the City dedicate trail easements that conform to the trail alignments indicated in the Parks and Trails Master Plan for the City of Saratoga, 1991. o Establish a regular program for maintenance of trails. (The City currently has no budget for this) o Request new easements by negotiating with utility companies, water companies and private owners to complete the goals as established in the Pazks and Trails Master Plan. Develop and coardinate a trail maintenance volunteer program. o Develop alternative (state, county, federal, private) funding sources to complete trail projects. o Coordinate with the City of Saratoga to assist in all phases of trail issues. Accomplisl:�nents: o Hundreds of volunteer hours spent on maintaining the Saratoga trail system. The volunteers have come from local residents, Girl Scout troops, Boy Scout troops, and church groups. Helped establish a Trails Grant Program for the City of Saratoga so that groups such as ours can access funds to provide supplies to maintain the trail system. o Worked with the Parks and Recreation Commission on trail issues. Worked with the County of Santa Clara Parks and Recreation department on trail issues. Increased citizens awareness of trail issues by news articles in the Saratoga News and had a large contingent of equestrians, hikers and bikers in the Saratoga Parade in 1998 and 1999. Worked with the County Parks and Recreation Department on completion of the Orchard Meadows trail link to Stevens Creek Park. Obtained approximately 200 signatures of support from trail users for our position that the County take immediate steps to open this trail access per their commitment in the 1991 final EIR for this project. This was an important link for the City of Saratoga citizens. Working with the City on improvements to a dangerous culvert in the middle of the Parks Trails Master Plan Segment 51 and obtaining easement for this segment. Received a letter of commendation from the Mayor of Saratoga in April 1999 for our volunteer efforts. Received a letter of commendation from the Director of Public Works of Saratoga in April 1999 for our volunteer efforts. A]�IPIENllD� 5��]PlE �lE' �'I� �D]EI[lE� Throughout the DEIR the scope is described as the analysis of an existing project in connection witl� its application for a CUP and ASA to legalize a use, which has been ongoing without such permits for 40 years. Occasionally, though not consistently, the DEIR also admits that concurrently with legalizing the existing use the applicant also seeks to increase the seating capacity of the concert facility from 1750 to 2500 persons. That is an increase of 42.9% in the seating capacity. The Project description which was circulated with the Notice of Preparation, and which fortned the factual background for agencies and the public to respond with comments regarding the scope of the EIR is contained in Appendix A of the DEIR. It states (wrongly) that at its peak in 1994, the Winery had I 10 concerts, but does not say how many "other events" were held either in 1994 or at the time of filing the application for the CUP/ASA, or at any other time. Nor does the Project description say how many concerts were held at the time of the application or any other time except for 1994. The Project Description does say that the current project seeks approval of 200 events per yeaz, "exclusive of concerts". Thus at the time the scope of the project was reviewed, it was disclosed that once upon a time the Winery had as many as 110 concerts, but no information was given as to what it has now or how many it plans in the future, The applicant also disclosed that the Winery wanted approval for 200 "other events, exclusive of concerts, for the future, but there was no information about how many they have had in the past or have now. The Project Description therefore gave no basis for quantifying what the increased use of the Winery facilities really would be, because the current use for "other events" was not quantified, and neither the current nor future number of concerts is quantified. Without this quantifying data, the extent of the impact resulting from the proposed use cannot be assessed. The DEIR is therefore incomplete. The figures contained in the DEIR itself differ in a material fashion from those given to the public and agencies at the time the Notice of Preparation was circulated soliciting comments on the scope. The DEIR contains a table showing a peak of 115 concerts in 1992 (not 1994), only 65 concerts in 1994, no concerts in 1996, and 68 in 1999. (See page 2-8) Neither this Table nor the text, however, discloses or limits how many concerts the applicant intends to book per year in the future. Therefore, the cumulative impact cannot be assessed and the DEIR is incomplete. The same table also shows a steady increase in the number of "other events" from 275 when they commenced in 1996 up to 403 "other events" in 1999. It is clear from this that granting of a CUP/ASA as it relates to the "other events" (1) shouldn't be considered as"legalizing an existing use with a 40 year history" since the DEIR only discloses a 4 year history and (2) seeks authorization for 2.5 times as many "other events" as was disclosed in the Project Description contained in the Notice of Preparation on which the agencies and public based their comments disclosed. (See DEIR, page 2-8: "[The number of events pei year, exclusive of the concert series, is antacipatec� to be appro�raiately �00 to 500..." Since this information was withheld from the public and the entities and agencies that received and were asked to comment on the scope of the EIR, the comments received cannot be viewed as applicable to the EIR as prepared. Had the actual size of the Project been disclosed, it must be assumed that the comments received would have been different and that those who did not comment might have in light of the larger size Project. The true scope of this project which should have been analyzed would involve the conversion of a rural vineyard and winery to a concert and event facility seeking seating for 2500 attendees at a specified number of concerts per year, and an event facility providing facilities for up to 1500 people per event for up to 500 events per year, with the attendant number of necessary employees to service those concerts and events. That has not been studied. The clear focus of the DEIR has been to view this Project as just an incremental increase in an existing use. The focus should have been to view the existing use as an illegal one, carried on for years without the mandatory CUP, which should be studied as if it were coming in for the first time seeking approval of a 2500 seat concert facility and a 1500 person "other event" facility. Whether the current CUP application seeks to increase the seating capacity or not, this EIR is obviously intended by the applicant to cover not only an application to legalize the current use but also the future expansion application as well. For example, Table 1-1, the Summary of Impacts and Mitigation Measures, in discussing the noise element, says, Traffic-related noise flrncreases from the proposed anc�-ease in seating are not expected to be significant" (Emphasis added.). The Summary is only concerned with the increase over the current illegal level of use, but the Project involves the traffic related noise from the cunent use as well as the proposed increase. If the DEIR were aimed solely at "legalizing the current use", this finding would not have been included in the DEIR. On the other hand, since the application itself is just to legalize the existing use, and since that was not analyzed, the DEIR is incomplete. Further, in looking at only the increase in noise related to the increase in seating, i.e., the concert facility, it is clear the DEIR does not address the traffic related noise from up to 1500 attendees at 400 to 500 events per year. Once again, this makes the DEIR incomplete. The Traffic Study based its worst-case calculations on the figures contained in its Table 4.1. Among other things, that table shows a total of 79 employees required to service people attending concerts and other events when everything is happening at once at the Winery. However, the Project Description in the DEIR states that the number of employees per event are estimated to range between 25 and 175 during the concert season, and 10 to 70 during the winter season" (Emphasis added). Either the Project Description is wrong or the Traffic Study did not in fact analyze the worst case. 175 employees is 2.4 times as many employees as were included for purposes of the Traffic Study, or viewed the other way, 79 employees is only 45% of the real "worst case" which the DEIR says would be 175. Even assuming that only 79 employees could service the Mountain Winery crowd when a concert and all the other possible events were occurring simultaneously, that crowd would consist of a total of 4459 guests at the Mountain Winery at one time. This equates, at a conversion of 2.2 passengers per car, to 2026 cars for guests, plus the cars for the employees and delivery trucks. This level of intensity of use was not studied. The "No Project Alternative" discussion states that "If a CUP were not issued, the concert series and other activities at the Mountain Winery that require the issuance of a discretionary permit would not be in compliance with County ordinances, and those activities would be required to cease operation." (See p. 1-3). Under the "No Project Alternative" the current use would shut down. If the applicant wanted to try again, it would have to come in from scratch, seeking a permit for a project of the scope described above. Why should any different scope be considered when the existing use is admitted by all to be illegal? However much the Mountain Winery concerts have entertained people over the years, doesn't it reward the illegal use when the primary focus of the DEIR is on the increase and the current illegal use is assumed to be the baseline? ��IEIV�D� I[gd ��l+�SdS'Il'lE1V��' �F '�']�S IP�Z�.�]E�7C �'�'�3[ ���J1�1'Il'�' ]P�ILd��' Page 2-13 Policy �=PIl1 calls for an infegrated system of trails. A high priority trail of the County Master Plan is the Juan Bautista de Anza National Historic Trail. An important segment of this trail crosses this property. In addition, the City of Saratoga Trail Master Plan designates trail segments that would be directly impacted by this project. Segment 13 crosses Pierce Road to connect with Segment 54, providing access from Stevens Creek to Sanborn Park. In addition, Segment 53 would allow trail users to access the Mountain Winery property. �leaa-ly, this g�a as not commsistent wath �he �oian4y's polncy to �rovide an intege�ated systean o4' trails. Page 2-15 Policy C H.S24 calls for residents to be free from objectionable noise. Since the scope used to assess consistency is the increase of the activity from 1750 patrons to 2500 patrons, only minor mitigation is proposed. Were one to assess the impact of the noise from the activity versus a rural winery, a better picture would emerge as to the impact. T�e projec� is not consistent with ghe �ounty g�olacy to icee� �he �esidents ffa�ee 4'roan objectionable ffioise. Page 2-16, et al Policies I� RC'9 R RC98 addresses the scenic and aesthetic qualities of natural areas in the County. These analyses of the consistencies of the project to these policies and others refer to Pierce Road as a designated Scenic Road in the City of Saratoga. It affums as a positive that no changes to Pierce Road are proposed in order for it to retain its rural character. However, Pierce Road is currently acknowledged as a dangerous thoroughfare, which will only be negatively impacted by the increased peak hour traffic from the proposed activity, iJnless Ynitigation Yneasures a�-e �ot appro�a taken to alleviate safety haza�cis on admfttedly ciaaagerous �anpal ]Paerce Itoad, tlne project as not consistent witln County policy to acldress sceaaic amd aestlaetac qualities. Page 2-17 Poljcy R L�I17 states that Resource Conservation Areas shall be preserved largely in natural resource-related and open space uses. I'olicy I� LZIlg specifies that low intensity commercial, industrial or institutional uses would be allowable in a"Hillside" designation. Describing the winery as a low-intensity recreational and commercial structure comprising "a very small percentage of the site" is misleading. Is a use that brings 1100 to 1200 cars in an hour or less onto Pierce Road a low-intensity use? Yes, if you average it out over 24 hours per day or 365 days per year. No, if you look at it rationally. It is a high-intensity but periodic use. '�'�e project is ffiot consistent with t�e Co�nty policy �o pa nataaral open spaee uses. Page 2-18 County Zo�:ing Ordi�:ance says a use permit controls the number and size of events. The analysis takes as a premise that the existing illegal use is the baseline and only the increment is evaluated in terms of its impact on the zoning ordinance. 'Il'9nis w�aole anallysis is exroneous arecl shoufld be considerang the entire activifly is a ch�nge from a a��ara� winery. Page 3.1-5 The Santa �Zara C'ou�:ty General l'lan designation for that portion of the property within the County is Hillside (H), and the County zoning designation is also Hillside (HS). This property is designated HS. It indicates that the H zone should be used to promote uses that are inappropriate for city development. Obviously, that does not include a concert center since the alternative locations noted by the DEIR are city locations. Saratoga's general plan says that the HR district and the NHR designation are intended to promote maintaining the existing rural character of the land. An acQivity which occaseons ap�roximately 1800 c��-s an a 30-60 muaute period on an adrnittedly dangerous a-upal road is inconsistent witln tflae 5a� general plan clesignations �s well as the County general �lan designatfon. Page 3.1-5 Parks and Ilecreatio�: Ope�: Space. The Parks and Recreation Department has concluded that because the proposed project will have only relatively minor cumulative effects on the overall building density of the area, dedication of a trail easement is not required at this time. This is incorrect, as the proposed project has been improperly described. The proposed activity is not an insignificant increase intensity but rather a very significant increase in the intensity of the allowed use, namely a vineyard and winery. A trail easement should have been required years ago when the 1750 seat facility was built. By focusing attention on this just being a slight increase with little "cumulative" affect, the applicant is trying to circumvent their predecessor's failure to follow the rules. Page 3.1-7 ll�itigatioii. No mitigation is required. Because the report concludes that the proposed project is consistent and compliant with policies and ordinances that apply to the subject property, it concludes that the project will not create an incompatible land use. As indicated above, the project is inconsistent with policies and ordinances thus mitigation should be required in for form of ineasures to alleviate the impact of the traffic on trail access. Page 4•2 No Project fElternative. This section acknowledges the major inconsistency in the report. The no project alternative would mean that the current activity would have to shut down. This is the correct scope for the report but is inconsistent with other sections that discuss the incremental case. Under "Impacts and Conclusions" if the no project alternative means the current activity is shut down, then the impact of that alternative on Pierce Road is not that the traffic does not increase, but that it decreases enormously at those periods when concerts would otherwise have been given. �P1E1�1�D� ][V '�'ll�glL �JS]El[� ��I�lEl�1']CS I understand that the old Paul Masson, Mountain Winery propert}r is going through the CEQA process and will request a conditional use permit for additional seats in the outdoor theatre in the near future. I assume the County will need to consider mitigation measures to offset the impacts of the developer's proposals. As a teenager in the late 60's and 70's, I had many opportunities to access the mountain winery property on horseback. I must state that the breathtaking views and beautiful mountains are still fresh in my mind after over 30 years. This was when the Mt. Eden Valley was truly a rural area and the local kids were able to ride their horses and ponies through the existing orchards, vineyards and hay fields without much trouble. For years, I watched as access to open space lands and county parks were blocked by home development development, which has little consideration to recreation or safe, trail circulation. In the late 80's, I became a member of the Saratoga Trail Review Committee and worked with Harry Peacock, the City Planner at the time to develop a trail and pathways plan for the City of Saratoga. I also served on the Santa Clara County Countywide Trails Review Committee representing supervisor district #5, during the early 90's and know that a trail connection to this property can be a reality in this area. The City of Saratoga's Trails and Pathway Master Plan depicts a trail to the site. Additionally, the County Trail Plan supports a length of the Juan Bautista de Anza NHT within the immediate area. T'his is a golden opportunity to secure a future link for the City of Saratoga's Plan and the Juan de Anza NHT and possible safe trail connections for the folks who enjoy trails in the Mt. Eden Valley Area. I currently board my horse at a private residence within this area and understand the issue of safely accessing the trails. Please do not let another opportunity slip through our hands. I hope you give my comments and recommendations serious consideration. l+�anc� ]It. �3'lnate 1446 Glenanoo� Way I have ridden the hills in this valley for over 40 years. It is heartbreaking to lose access to these beautiful hills. A fe��v years ago, I could ride from Cupertino to Davenpart along the coast. Many trails are lost because of slides, fallen trees, etc.; however, more have been cut off by development. I believe that with a little planning ahead we could have both. My husband and I ride the hills in Saratoga and Cupertino and are very interested in keeping trails open. m r�nn lO�Iaa 82344 Itegnart lEtoacl As a hiker, horse rider, and mountain cyclist I have enjoyed the area, which I believe to be the Paul Masson property. The long-standing trails have provided a wonderful view of the South Bay area and a wonderful physical challenge for exercise. We have accessed these for the past ten years and hope they will continue to be available to us. I appreciate the multifaceted opportunity that these trail systems provide for my animals and myself. IDoris �an l�uann 13820 Redwood G�nYc�n I�oad Having been a landowner in the Stevens Creek Canyon area, I have used and enjoyed many of the trails for hiking, primarily for exercise. The trails on the Paul Masson Property are particularly interesting and enjoyable because they are at the exact top of the ridge between Mt. Eden area and a part of Steven's Creek Canyon. The trails are long maintained and afford a view of San Francisco Bay. I thank anyone who maintains them and would certainly help out at my own expense. �at Van Munn 13820 Redwood G�nich l[�oacl I have been using the trails in this area either as a hiker or equestrian for approximately twenty years. The Saratoga hills twenty years ago were rural and many used the trails that existed then. It was only about 12 years ago that I was personally asked not to use any of the trails on the winery property anymore. Knowing it was private property; I certainly did what was requested of ine. Since that time, I have noted the disappearance of an abundance of trails due to development of homes. Although I have no quarrel with what people do with their property, I do not understand why trails have been closed when these trails are on the Santa Clara County Master Plan and the Saratoga Master Plan. It would be a great asset to have these trails back into use for not only Saratoga residents but also for Santa Clara County citizens to use for their enj oyment. She�l� IDafly 21931 Via ltegnna I am writing in support of trails, especially equestrian and hiking trails. As a teen, I enjoyed the freedom of being able to ride my horse in the beautiful foothills of Saratoga. There were wonderful trail connections including Garrod Farms, Stevens Creek Park, Mt. Eden Arabian Stables, and Paul Masson Mountain Winery. The trail system allowed me to ride all the way to the beach, if I chose, through the generosity of private property owners and park systems. Now I am older and have a daughter of my own who is equally interested in horses and riding. Many of the areas that used to be open have since changed ownership and I hope trails can continue to be available. Trail riding helped me through the difficult teen years. Horse ownership taught me many important lessons in responsibility. I became actively involved with the 4H horse program and became an avid North American Trail Riding Conference, (NATRC), participant. I rode in many trail rides sponsored by the NATRC organization of which many occurred in the Saratoga Foothills, including the Castle Rock Ride that covered a lazge portion of the then Paul Masson Mountain Property. I treasured the landscape and the property I was allowed to ride on by staying o designated service roads and areas I was told I could use. I would report to the owners anything I saw that didn't look right such as broken fencing or waterlines, downed trees, etc. Over time, I have watched this area explode with growth and development and i fear for the loss of our precious trail system. Growth and development are important for a healthy economy, but there needs to be a nice balance of open space for recreational use. I hope my daughter will be able to experience the same "freedoms" I had as a girl growing up. ]Linda �arsley-�'elavich My interest in trails is as an equestrian. As a disabled person, riding is therapeutic, both physically and psychologically. On a horse, I feel like I have a level playing field with the able bodied. I have the independence I lack in normal circumstances. Thus, having access to open space through off-road trails is very important to me. Since my accident 12 years ago, Pve been very concerned with public safety. I don't use trails where I perceive there is a risk to my horse or myself. On Saratoga trails, I have to end my ride at Segment 13 where it meets Pierce Road because of the increased traffic, especially large trucks. Having access through Trail 53 would allow me to travel to Sanborn Park and thus to Skyline. In addition, having access to the De Anza trail through the Mountain Winery property would provide a long loop to Stevens Creek Park. This trail loop would provide myself and others much needed access to the parks and open space. I�ennis Pabooji�n 22490 M�. �den I�cl. I have ridden the hills of Saratoga via horseback for a number of years. Through the last 10 years, I have watched our trail system erode. Although the City of Saratoga as well as the County of Santa Clara have Trail Master Plans in place to guide the placement of trails within developments, they do not seem to be enforcing their own policies. This is not right. The plans were developed and approved with the coinmunity and landowner input. The trail alignments were developed for the enjoyment of all. Since development has occurred at a rapid pace recently, the trail sections that we do have in place are a problem from a safety standpoint as nobody seemed to be aware that as development occurred, so would traffic increase. Some of the trails are unsafe to use because of traffic problems. I will not use several of the trail segments at certain times because it is unsafe due to the large volume of traffic. If the Mountain Winery property is to be granted a CUP, and the traffic further increases, the City as well as the County must request that the owner of the property mitigate the safety problems by granting the trail easements that are proposed on the City and County Trail Master Plans. These two trail sections would ease the safety problems caused by traffic. Teri I.ynn �aron 19830 Vfa Escuela �Dr. I grew up in Saratoga. I have ridden horses all my life. As a child, my family and I used to ride all over the hills in our neighborhood. Unfortunately, over the years new neighbors and poor trail conditions have made it impossible to get to many of the trails that I know still exist. Using the roads have never been a viable option and these days it's even worse. One of the trails I really enjoyed was riding on Paul Masson Vineyard property. There were several different options when we would ride up there. One way we would go was to ride past Teerlinks house and through their orchard until we could cross the creek to the vineyards. Riding through the vineyard, we would parallel Pierce Road until we got to the old quarry. Sometimes we would stop at the quarry and have lunch. Just past the quarry entrance was a trail that led above the quarry that would take us to the next section of vineyards. At this point, we could chose to take the short path or the long path to the top of Pau1 Masson Property. To take the short route, we would turn right and follow the ridge a ways until we got to the top of Paul Masson Property. We could take the long route by going straight through the vineyard then across Paul Masson's driveway. This led to a very scenic trail through the vineyards to the top. The views up there are gorgeous. Once at the top we had three choices. We could loop back on the other of the above trails I just described. This made for a fine scenic loop and an excellent conditioning trail for our horses. We could take a shorter way back home by riding down a PG&E road that led to our neighbor's driveway. This driveway is now Mt. Eden Vineyard's driveway. We could either ride down the driveway or we could ride up just a short way, ride through one of their vineyards and connect to a trail that led to another neighbor's place. The third choice was to continue up into the hills. I don't know whose property we were riding on but there were multiple trails to choose from. I have riot been on them all. One I went on led to Highway 9 very close to the Dog Obedience School. Another led to a driveway that took us to Pierce Road near the intersection of Highway 9. Some looped back to where we started. I have heard that some of these trails lead to county parks trails, but I never �ound out where exactly I was when I rode some of them. Time constraints often forced me to turn around. I have not been on these trails because of a washout just before the quarry and because of new neighbors not allowing us through their property. I have learned that the washout was caused by a couple of teenage boys trying to keep trail riders out of the quarry so they could party there. It worked! Regarding horses and the roads, I have lived on Mt. Eden Road for the most part of 40 years. During those early years there was very little traffic. When we would go on trail rides on our borses we usually avoided the roads only because it could be slippery at times and because one in a while a car would speed by extremely fast. Now there are more reasons we avoid the road: heavy traffic, many big trucks, and lots of bicycles. The traffic has increased greatly over the past 10 years. When we try to ride on the road the cars quite often made a wide berth around us. Now when they do that a car is usually coming at us from the other direction, which nearly causes collisions. It always disrupts the flow of traffic. Just two cars passing is bad enough, then you add these huge trucks that barely fit on their side of the road. Throw in a horse and one car and you've got an accident just waiting to happen. On top of that, a few of the truck drivers are speeding. I've seen so many near collisions due to the big trucks driving too fast for the conditions of Mt. Eden Road. Many of the horses are used to the trucks and traffic, but when one squeals on its breaks right next to a horse it can be fi Frightened horses sometimes get out of control, which could lead to moving further into the road. Last, but certainly not least as far as traffic hazards go, are the bicycles. Some of the bicyclists are so quiet that the horse does not know they are there until they are right smack behind us. They we both jump out of our skins. Then there are the bicyclists that are going way too fast down the hill. They have absolutely no way of stopping if they had to. Put a horse (or anything) in its way and you're bound to have an accident. Even if the bicyclist is riding safely, bicycles go different speeds than both the horses and the cars. When you get all three at one point in the road it becomes .quite a traffic hazard. We need trails off the roads so we can all get to places with less traffic hazards to deal with. .�ane �ehflsem 22200 iVlt. ]Edem �oad This letter is in regards to the trail situation in the Saratoga area. I have lived in Saratoga most of my life (about forty years). There was a time when I could get on my horse and ride the trails all day long and have not to cross a road or trace a path back and forth from head end to end. I could have the joy and relaacation of riding without a constant fear of my safety (life). In specific, I used to have access up through the quarry on Pierce Road near the Paul Masson entrance and I would follow a fire road alongside Paul Masson's road up to the vineyards where there was a designated trail for the horse to pass through. From this point, I could hook up with two trails. One trail continued upward and over the mountain and down to Big Basin at the Fry's property. At this place I could cross Big Basin and continue up the next mountain all the way to Skyline. If I chose the other trail at the top of the vineyards then I could ride a fire road down to the Mt. Eden Vineyards dirt road where I could go down and back to my house or continue on up and cut across to the horse ranch which is now owned by Dennis Paboojian. All of these trails others and I were allowed on. In fact, there were several competitive trail rides along these routes. However, over time these trails became inaccessible either because of wash outs or change of ownerships. The new owners put gates up on the trails and that was that. Now the trails that are opened to us are very short or you have to ride along the road in order to get to them. One trail system in particular is the trails outside of Garrods. I must ride along the twisting road of Mt. Eden in order to get to Garrods. Several times I have almost been hit by speeding motorists and big trucks. One time a large truck came down the hill at the same time as another large truck cam from the other direction. I was on the side of the road. My horse panicked from the oncoming truck and jumped in the path of the other truck. Thank god the other truck stopped in time. There are a lot of riders in this area. Many of them have to ride the road to Garrods or from Garrods for lessons or for trail access. I hope we don't have to wait until someone dies or is critically hurt in order to have a trail access developed. Thank you for reading this letter and I hope it has some impact on the need for trails. Sue S. Smith 22200 Mt. �den �oac➢ �lP]E1�1�D1[� �DESCF�][P']C��1� SA�'�'��A �I�'�' &c ���J1V7I'�' I�S'�'ER lP]LAI� �']LB�IDLS SAItE1T��A, ��Rg{S �1dD '�h�]C,S I�AS'�'�R ]P]L�, 1991 Excerpt,f'rom the Executive Summary 1.0-1 In the summer of 1990, the City of Saratoga commissioned a study for the preparation of a Parks and Trails Master Plan, intended to define a framework for the City's action over the upcoming decade in implementing a recreation system, which will serve all sections of the City's population. The Plan discusses the existing recreation provision in the City as well as the planning context which forms a setting for the subsequent recommendations for future provisions and operation of active and passive parks, pedestrian, equestrian and bicycle trails. Excerpt fron: I'lanning C'onte.xt chapter, Northwestern d�illside Specific Plan, 2.2-7 Trails and Pathways: Policy 1: Develop equestrian/Pedestrian trail system for access to County recreation areas and Mid-peninsula Regional Open Space District concurrently, or prior to, the development of each lot. Policy 2: Encourage trails and pathways along roadways. Site-specific recommendations: Segment 53: This segment is proposed to connect link #13 through the vineyards and west into the surrounding county parkland (see attached map). The City should negotiate with Paul Masson for the establishment of a trail. The vineyards may need, in the future, to establish a utility easement through this property and the City could then potentially form a development agreement for the shared use of the easement. General comments: In addition to the above, segment 13 to segment 54 cross Pierce Road. This crossing has not been addressed in any foim or fashion in the DEIR. Segment 17 also ends at Pierce Road, with hikers or horses then continuing north onto Pierce Road. This has not been addressed. S�'�'� �ILAI� ���JI�1'd'�' '�'�,gIC,S 1��5'd']El[� ]PIL�IV, 1995 Excerpted from I'reamble, page 3 Piecing together a countywide trail network, one small segment at a time is a difficult, time- consuming, and fragile process. Failure to obtain a few critical links in a proposed trail can disrupt the continuity of the trail and thus delay, and possibly even prevent, its eventual completion. The fragility of this piecemeal process makes it all the more critical that opporiunities be met as they arise, for they may not arise again for many years, if ever. Excerpted from Introduction, page IS Additional equestrian trails are needed in Santa Clara County. T'his is particularly true in selected areas where a concentration of horse owners exists and safety issues are mounting as those areas develop and traffic conditions intensify making it less safe to travel along rural roadways. Trails are broadly viewed within the County as serving a wide variety of purposes and providing a wide variety of benefits to residents and visitors versus being perceived as a single-use, recreation function. Po[icies, page 20 PR-TS 1.1, C-PR 20, R-PR 22, A countywide system of trials offering a variety of user experiences should be provided that includes: trails within and between parks and other publicly owned open space lands; trails that provide access from the urban area to these lands; trails that connect to trails of neighboring counties; trails that connect to transit facilities; trails that give the public environmentally superior alternative transportation routes and methods; trails that close strategic gaps in non-motorized transportation routes; trails that offer opporlunities for maintaining personal health; trails that offer opportunities for outdoor education and recreation; and trails that could serve as emergency evacuation routes. Strategy #3: Lnptement the ptanned trail network, page 26 Success Based on Perseverance And each trail will be completed only if local government officials make the decisions necessary to transform these trail proposals from lines on plan maps to tangible, usable trails in the community. Policies, page 30 PR-TS 3.7, C-PR 28.4, R-PR 30.4, Development projects proposed on lands that include a trail as shown on the Countywide Trails Master Plan Map may be required to dedicated andlor improve such trail to the extent there is a nexus between the impacts of the proposed development and the dedication/improvement requirement. The dedication/improvement requirement shall be roughly proportional to the impacts of the proposed development. (BOS Trail Easement Dedication Policies and Practices, 1/92) PR-TS (I) 3.I, C-PR(I) 18.8, R-PR(I) 16.8, Accept and require, to the extent necessary to mitigate the impacts of the proposed development, trail and pathway easements, right-of-way dedications and/or improvements as part of land development approvals in areas planned for inclusion in the countywide trail system of the General Plan. IY. Trail l'riorities, page 52 The purpose of identifying trail priorities is to focus attention on those trail routes that present significant opportunities for the general public right now and to help direct the public funds available to the County for trails in a logical fashion. 7'able I: Sun:s�:ary of High Prioriry Trails Unincorporated County Areas, page 56 The number one priority listed is the Juan Bautista de Anza National Historic Trail, trail Rl-A. A segment of this proposed trail runs through the Mountain Winery (Paul Masson Winery), see attached map. This map was developed by the County Parks Department as a working drawing of the detail of the De Anza Trail, to go along with the County Trails Master Plan so the County could document the approximate locations of the De Anza Trail. These locations were provided partly from actual trails and or fire roads then in existence. In addition, we have added the location of the city of Saratoga trail Segment 53 that affects the property as well. 7'able 2: T'rail System Signi�cance �riteria, page ll Status definitions: National Recreation, Scenic, or Historic Trail: a general trail route that is recognized under the provisions of the National Trails System Act for its recreational, scenic, or historical values. Regional Trail: a general trail route identified by regional recreation agencies (such as the Santa Clara County Parks Department of the Mid-peninsula Regional Open Space District) that, when connected with trails in adjoining counties, provides long-distance trail opportunities to the residents of Santa Clara County to access outstandingly remarkable natural, cultural, and historic resources of the Monterey Bay, San Francisco Bay, or Central Valley region. tevens Creek a �a� a II i i 61T. EDEN R0 J 'j 1 County Park ''t r��: k>� 1 ��i;� r 1 ir '•'J i r ,1 i ..�w.,�' �./j;✓ E :oa-,o-:s �E `yryI i Ift� i n�i•• r f 1 :0]-:0-: I �.1� i f �'P7 i j! `�\u�� r.� r I i %i tiy�r i i SOYOf-2i.;.. '"i~ 507-00-10 amr�o r .1/ 4 �9 i0l-YY-O] I i •4. I VINEYAROS E �•i City of Saratoga• i Trail Segments R o od-��.. �t .1`. Y. I t iY I j 1 1 i h� ����r� V i i i I' DeAnaa Trail r j sw-a•-m,�' soa-aa-oi `b-,_ I j 'o�,: I 1 ���O /�t�E \...t! i 0 l3 •q 567-33-Of� �p I7 Mountain !�linee o i \o� �NERY I 5 0 9 3 0 l O j a. sora:-o: i \1� pR•........ i .I. _,Op s:.::.... Y O F�"� i. �i i il ,9j�. r. n� il i 1 �-�a-o�� l� '�,�j I i 1 i I n.3 :yrr. 'r j i _�l soa-.a-o' r .Il 1 �i: i 1 j ��-.i eoa-.c-n� i 6 i soa 6 Nclu�i4K' ..l i .i .��'��'i F l� i'P M' r� bt ACDO'/rC y w7 I Ay 9pp� :�,_.�_o. �o aw.,w `�Z' i s.iww sn-os-ai Sanborn J �o.—..- i c i i i ,��w.-a� n�ry I i j%� 1���.� AIPlPlE1�D� Yg ][�VIDEW �IE �ll�]F�'g� S'�'3JdD� The traffic study dated May 4, 1999 performed by Multitrans focuses on the 4 p.m. to 6 p.m. weekday homeward bound commute peak hours. It concludes that the traffic from the existing use, plus the anticipated increased traffic that will be generated by enlarging the seating capacity from 1750 to 2500 will not create a significant traffic impact. That should surprise no one. The applicant will no doubt admit that none of its concerts will ever let out between 4 p.m. and 6 p.m. on a weekday. The concerts occur on week nights and weekend afternoons and evenings (See Appendix A, Mountain Winery EIR Project Description, page 1, "Background", which notes that evening concerts on Thursday, Friday, Saturday and Sunday will typically begin at 7 or 8 p.m. and the matinees that begin at 2 p.m. aze only on the weekends no mention is made of the analysis of the other 1,880 people that could be attending "other events" simultaneously as shown by Table 4.1 of the Traffic Study). Limiting the traffic study to the impact that the Project (night time and weekend concerts only since it ignores the traffic from the other events) will have on week day af�ernoon traffic makes it a foregone conclusion, not requiring any analysis, that the project will have no significant impact on traffic or circulation. While a p.m. peak hour study may be appropriate for the typical commercial development, there is no recognition in this traffic study that this is not the typical commercial development. A p.m. peak hour study is irrelevant to this project. Instead, this project's traffic study should focus on those times when the project will generate the most traffic and on how that traffic will impact the Pierce Road and Mt. Eden valley area. The Traffic Study does not even address what the real impact of the concert series and other events will be on Pierce Road, Mount Eden Road, and Hwy. 9. Table 4-1 of the Traffic Study acknowledges that a concert would draw as many as 2525 people and it assumes that there would be an average of 2.2 persons per vehicle attending the concerts. (Traffic Study, page 19). That would generate 1147 cars, not the 68 mentioned in Table 4-1. When a concert ends, THEY WILL ALL LEAVE AT ONCE! All 1147 will debauch onto Pierce Road over the course of probably 30 minutes! The Traffic Study does not even mention this, much less study it. Instead, it states that during the 4 to 6 p.m. period a total of 68 cars would pass through the winery entrance (66 in and 2 out) related to that concert. Since no concert would be in progress during this period, presumably these would be employees and delivery trucks. Nowhere is the impact of 1147 cars coming out of the Winery over a half hour period on any of the surrounding road system (including Highway 85) discussed. Nowhere is the impact of that concert generated traffic conflicting with equestrian and bicycle uses of that same road system, its roadside trails and its trail crossings even mentioned. Not only is the departing concert generated traffic impact the uses in the Pierce Road and Mt. Eden valley area not discussed, the additional traffic generated by the "other events" is also ignored. The typical size, distribution during the week, and most common times of the "other events" is not disclosed in the traffic study. The potential impact of the traffic from the "other events" was never quantified since no date was provide. The DEIR admits that the applicant seeks to hold 400 500 "other events" per year. Since that is more than one a day, obviously some will overlap concerts. The worst-case scenario to be studied, therefore, should have been 4,380 guests and 79 employees. This amounts to 1990 cars (not counting a single employee vehicle) potentially trying to exit the Mountain Winery at once. It is self-evident that would gravely impact Pierce Road, Mt. Eden Road, and Hwy. 9Big Basin Way. Substantial mitigation measures would obviously be required to insure the safety not only of the departing guests, but also of the other users of the roads, roadsides and roadside trails. This point it not a new one, it was made in one of the public comments on the scoping of the EIR. (See Appendix A, minutes of the Community Scoping Meeting of 2/18/98, item 7: "People arrive for a concert at different times straddled across 2-3 hours, but all cars leave at the same time,...".) Another public comment on the scope of the EIR notes that even when people are coming into concerts, which is admittedly over a longer period of time, traffic has backed up all the way from the entrance of the Winery down to the intersection of Pierce Road and Highway 9. (See Appendix A, letter of Bob Commins dated 2/23/98.) If the Project Description is accurate, and attendees begin coming 2 hours in advance of a concert, then why does the traffic report show only 2 people entering the Winery during the 4 to 6 p.m. period? Does it assume that the other 2523 will all come in the last hour before a 7 p.m. concert? Clearly the traffic study cannot possibly have been properly constructed if it shows only 2 cars arriving between 4 and 6 p.m. on a day a concert begins at 7 p.m. The DEIR contends that the project will not be incompatible with the County's Land Use Policy for Resource Conservation Areas, since the project will be a low density and low intensity use. (DEIR, pp. 2-17 and 2-18.) The DEIR claims it is a"low density" use since only a small area of the project's entire 580 acres will be developed. However, the DEIR does not address the "low intensity" element of the Land Use Policy. The anticipated impact of the actual departing concert and "other events" traffic should be studied, and has not been, in the context of whether that constitutes a too intense use in a Resource Conservation Area and/or Hillside District. The impact of adding 1147 cars (or perhaps occasionally 1990) to narrow, winding, hilly, rural Pierce Road in a single mass over the course of a half hour or so and disbursing them onto Mt. Eden Road and Hwy. 9 on a summer afternoon needs to be considered in light of tk�e existing typical uses of those roads at that time on a weekend afternoon. The hiking and riding trail along Mt. Eden Road is in regular use. That trail is the major connector trail for all the horses stabled along Pierce Road and its feeders to reach Stevens Creek County Park, The Fremont Older Open Space, and the facilities of Chez Scherf Pony Farm and the Garrod Farms Stables. It is a component of the Saratoga Trail System, which is developing loop trails serving the Mt. Eden Valley, Stevens Creek County Park, the Fremont Older Open Space and the residential foothills of Saratoga. It is a link in one of the future connections between Stevens Creek County Park and Sanborn Skyline County Park and thus to the Bay Area Ridge Trail. There is an existing crossing of that trail at Saratoga Heights Drive and Pierce Road. The intensity of the traffic will be even greater at this point than on Mt. Eden Road. The potential for conflict between a mass of traffic coming out of a concert and the existing and future equestrian uses of the Saratoga Trail System has not been considered. This is a significant safety issue and deserves study. To the extent that this project decreases the safe use of the roadsides, roadside trails, and trail crossings, the future recreational use of these rural roads and roadside trails will be degraded. That has not been studied and should have been. The conflict between that mass of motorists headed down from the winery after a concert or event, no doubt accompanied by a glass or two of wine, and the afternoon horse trailer traffic headed back up Pierce Road to Chez Scherf Pony Farm and Garrod Farms Stables on Mt. Eden Road and thus in head-on conflict on narrow two lane Pierce Road which is totally lacking in shoulders and has lanes of less than 12 feet has not been studied. A major generator of this horse trailer traffic is the desire of residents in the Mt. Eden Valley area and boarders at Garrod Farms Stables to ride in the many park and open space areas of Santa Clara County that can be accessed in no other way than by trailer since the linking trails already shown on the County's trail master plan have not yet been developed. Potential mitigations for the project would be the construction of the link of Trail Route R1-A, the Juan Bautista de Anza National Historic Trail where it crosses the Mountain Winery property, a contribution to the development of the Congress Springs Trail, Trail Route C-12, for the purpose of linking Stevens Creek County Park and Sanborne-Skyline County Park, and/or the construction of an altemative route following the historic trail route up through the quarry below the Mountain Winery. Pierce Road, Mt. Eden Road and Hwy. 9 are favorite routes for both road and mountain cyclists. The only indication in the traffic study that the use of these roads by bicyclists has been considered is the recommendation that the applicant install bicycle racks at the concert facility. There appears to have been no consideration given to the dangerous condition that will be created by placing from1147 to 1990 cars in conflict with departing concert and event going cyclists, who were encouraged to cycle to the Mountain Winery by the addition of those racks, on a mountain road with no shoulders and substandard lane widths. Many bicycle groups sponsor rides through Stevens Creek County Park, up over the pass and down Mount Eden Road to Pierce, and then up Pierce past the. Mountain Winery and on down to Hwy. 9 which is their route to Skyline. These rides can involve hundreds of riders. There appears no indication that any contact was made by the preparers of the DEIR with any such sponsoring bicycle groups to determine the nature of this potential bicycle-automobile conflict. Although Chap. 6 of the Traffic Study, entitled Conclusions and Recommendations, states that "Anticipated site ingress and egress movements were studied for traffic efficiency and safety", apparently that did not include the safety of bicyclists or equestrians. (Traffic Study, Appendix B, page 32.) If the safety of either group is degraded, the future recreational use of those roads, roadsides and roadside trails by the equestrian and cycling communities will be adversely impacted. That should be studied. The fact that it wasn't leaves the DEIR incomplete and leaves the Planning Commission insufficiently informed to be able to render an intelligent decision on this Project. l�lL� Vl[l[ ��1Vg1V�1V�S �I+� I�[d'�'���7CI�I� Il��S�JR]ES There are no land use mitigation measures proposed and only minor traffic and circulation mitigation measures proposed. As indicated by Appendix II, because the report looks at the incremental increase in activity, it assesses that only minimal impacts occur and thus no significant mitigation is recommended. The only way to remedy this error is to redo the DEIR with the proper scope. The true scope of this project which should have been analyzed would involve the conversion of a rural vineyard and winery to a concert and event facility seeking seating for 2500 attendees at a specified number of concerts per year, and an event facility providing facilities for up to 1500 people per event for up to 500 events per year, with the attendant number of necessary employees to service those concerts and events. With this scope, it would be clear that there are significant increases in the intensity of the land use, and that mitigation measures ought to be proposed for the impacts. Mitigation measures that would improve public safety due to the traffic on Pierce Road are highly warranted. As indicated in Appendix VI, Pierce Road is recognized as a dangerous road by the City of Saratoga. Instead of viewing a minor increase in traffic on this road, a failure to approve the proposed activity would mean a significant decrease in traffic on Pierce Road. If the proposed activity is approved, traffic would significantly increase and therefore some significant mitigation measures should be required to deal with the resulting traffic. Instead, the report recommends an on-site advanced warning system to help control the flow of traffic on the site and a parking and traffic management plan for the Pierce Road residents contiguous to the site. While the report minimizes the traffic impact, it recommends that an "early warning system" be installed to monitor and advise traffic entering and e�citing the property. The same traffic will spill onto admittedly dangerous Pierce Road, and stay on it to Saratoga-Sunnyvale Road. While these measures may prove necessary, they are not sufficient for the impact on Pierce Road. E��IEN�DI� V��� E7�I.E1NA'g'd�l� �IH' ll�lE��1�1I1l�[�1����dO1�TS 1. The DEIR be redone with the appropriate scope covering a change from a rural winery to an entertainment venue attracting a large number of people in sliort periods of time. The scope used for the DEIR is incorrect. The proposed activity is an increase from a rural winery to a concert venue, not a minor incremental increase of 750 patrons added to an existing activity. While the property has been used already for what they are applying for, the impact to the surrounding community has never been addressed and therefore the scope should be started from the point of its original use, i.e., a rural winery. In addition, the DEIR inconsistently applies the incremental versus the "from scratch" alternatives in assessing consistency with County policies and ordinances. The only way to rectify this confusion is to redefine the scope correctly and consistently apply it in the analysis presented. 2. The applicant work with the City of Saratoga to provide mitigation for the traffic impact on the trail segments affected. As proposed, there would be an impact from traffic on trail segments 13 and 54 of the City of Saratoga Trail Master Plan. The applicant could mitigate this by either reducing the traffic on Pierce Road or by granting a trail easement that might be used in lieu of Segment 13 and 54 an order for users to be able to get to Sanborn Park and Skyline. An extension of Trail 53 would provide this mitigation. 3. The applicant grant an easement on the property for the .Iuan Bautista de Anza National Historic Trail and Segment 53, City of Saratoga Trail system. The Juan Bautista de Anza National Historic Trail is a high priority trail in the County Master Plan. As there is a nexus to the proposed activity (versus the no alternative winery operation), the Parks and Recreation Department should request and the applicant grant a trail easement for this important trail. 4. The applicant work with the City of Saratoga on ways to reduce the traffic on Pierce Road. Though a rural scenic road, the City of Saratoga has acknowledged that Pierce Road represents a public safety hazard. While no one wants to change the character of this roadway, adding more traffic is the opposite of what should be done. Efforts should be made to ensure diversion of traffic from admittedly dangerous rural Pierce Road. S�A'�I'O(�A (C� cC��J�1CI�., IE���.J'II'�� �B.TIi�I�i.��' I�1�: .4�c�IEI�.� d'II'IEI�e I�i[EE�'�1�1G fiD��'E: ��na�ary �m�� cCd'II'IY I�LAI�I..��ER: �G1�Ny �ItIGIiQ1A'I'gI�1G DE�'�': �o��n�a�u� IID�a�Il�gna�n��4 I�fl�3�A�IID i SiJBJEC'II': gtes�onse �o Mou�t�un dYu��nq IlDn°�� IE��nu���m��ntaIl II����� ]EB���u-e. 1tECO1VgMENIPE�P .�C'E'IOI�1: Review the draf4 response to the Moun�in il+lanery I)EIIt �nd direct s�f to submit final response letter to the Santa Clara County Planning Commission. 1�POIt'II' SNIVIIVIAIg�: Attached is the City's preliminary response to the I�rraft Environmental Impact Report prepared for the legalization of the 1Vlountain �Ninery facility and 4he various visitor-serving activities that occur �ere. These preliminary commen4.s have �n provided to the Counry, �s agreed to with Santa Clara County Planning staff, in advance of the Januaiy 15, 1999 City of Saratoga DEIR neview deadline for final comments. The County up to January 15 vvill accept a final response letter frorn the City. Any additional comments or ch�nges generated finYn the Council's January 5 meeting dvill be includod in the final response°letter for the Mayor's signa�. �F%SCAY., �riIPA�'T'Ss The drafY response letter does conclude wi� �c reques4 thaY 4he County work with Y�e City to facilitate an annexation of the Mountaiai VViricry proper¢y to Saratoga. At the Novetnber 3 City Council meeting, Councilmember �Iehaffey r�quested infor�nation on the costs �nd benefits to the City of annexiag the property. 'The following is a brief summary of what City anticip�tes: • Costs The Mountain Winery is currently served by Cupertino Sanitary District, PG &E. San Jose Water Company, Saratoga Fire Protection District and Santa Clara County Sheriff. While the traffic, noise, visual, etc., impacts are felt by Saratoga re sidents, all property and sales tax generated by the facility go to the County. If the facility were to annex to Saratoga, services would still be provided by these same agencies. The only significant change would be that the City would be responsible for development permit processing, code enforcement and the cost of any additional County Sheriff staffing needed as a result. Development permit processing and code enforcement will require dedication of staff time„ the costs of which would mostly be reimbursed by service charges, but clearly puts the City in a better position to regulate and monitor the Mountain Winery. Additional Sheriff staffing is not anticipated. • Benefits The City would be responsible for regulating and monitoring EIR mitigation measures and the CUP. The City would also receive the financial benefits of property and sales taxes generated by the facility, plus have the opportunity to capture new revenue sources that could be agreed to between the property owner and the City. A more detailed cost/benefit analysis of annexation will be presented at your meeting. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Final response letter will not be sent and the County will respond to preliminary comments already submitted. ALTERNATIVE ACTION: The Council could direct staff to rescind preliminary comments. FOLLOW UP ACTION: Staff will submit final response letter, or rescind preliminary comments. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notices of this meeting were published in the Saratoga News and mailed to adjacent property owners within 500 -foot radius of the Mountain Winery. ATTACHMENT: 1. Draft response letter O b o� �0�� 13777 FRUITVALE AVEATUE SARATOGA, CALIFORIVIA 95070 �(408) 865-1200 Incorporated October 22, 1956 December 15, 1999 Don Peterson, Chairman County of Santa Claza Planning Corrunission County Government Center, East Wing, 7�' Floor 70 West Hedding Street San Jose, California 95110 �a l�oaant� W�ea�y dDIE� �o�an�ne�gs' Deaz Chairman Peterson: COUAICII. IV�NIDERS: Evan Bake� Sfen Bogosian Jonn MeAalrey Nrck Streif Ann Waltonsmrt� Thank you for the opportunity to review and comment on the Draft Environmental Impact Report circulated for the legalization of the Moun�ir► Winery property activities. The Saratoga City Council has been following the progress of the Mountain Winery Environmental Impact Report and Conditional Use Permit application for the past several years. As you know, while the facility is physically located in the Counry, the �affic, noise, visual and other environmental impacts are felt directly by the City. In general, the City is supportive of the findings in the DEIR relative to legalezi�ag cas��erat activities that have been occurring at the Mountain Winery for reportedly the last 40 years. However, the City does want to note for the record the following shortcomings of Yhe DEIR: �e�oject Desc�up¢ion The scope of the proposed permit is too broad in light of the limited information available conceming the potential noise, traffic and water quality impacts associated with the proposed expansion of the facility. This document should focus on the impacts associated with current operations and bringing those operations into compliance with the County's land use regulations. It is appropriate that the documeat aclrnowledges the potential for future expansion, but that expansion should not be iacluded as part of the CUP until more detailed plans have be�n prepazed and the unpacts of those plans have been analyzed more carefully than is possible with the current informarion. These preliminary coamients are being provided as a greed to with Santa Clara Counry Planning staff in advance of the January 15, 1999 City of Satatoga DEIR review deadline for final comments. 'I'he Count�, up to January 15 will accept a final response letter from the City. Pr�meC on recycled pape� Mountain Wznen• DEIR Page Two • The project description does not indicate whether the CUP will propose any restnctions on the number of events, dates of events, or timing or duration of events. Because of the relativel■ unusual nature of this project, the City and its residents must be informed as to exactly hove the facility will be operated and how the County plans to enforce that mode of operation. This information will go a long way in helping the City clearly understand how the project's desiEm and operation will limit adverse effects to the City. Traffic • Traffic generated by the facility is one of the City's primary concerns. The projections provided in the DEIR conclude that the current level of activities do not significantly affect Levels of Service at the identified intersections, nor would they be significantly affected b■ potential increases in activities. However, the traffic analysis does not adequately address circulation issues at the site entrance and on the immediately adjacent local roads dunng an actual concert event. A traffic circulation and gate management plan based on field observations during a concert event is needed. • The DEIR inaccurately uses the PM peak traffic period as the relevant period for assessing impacts on local roads and intersections. While only 119 traffic trips may be generated through Saratoga during the 4:00 to 6:00 PM peak period timeframe, clearly the approximately 1,150 trips generated through the Village and on local hillside roads one hour before and one hour after the concert event would generate a significantly greater impact than projected in the DEIR. • The physical capacity of Pierce Road needs to be analyzed and a plan developed based on this analysis providing recommendations for how to direct exiting vehicles south on Pierce Road to Congress Springs Road rather than north on Pierce Road. Pierce Road is a narrow, winding, hillside residential road that cannot accommodate a significant percentage of Mountain Winery traffic. A concert- specific traffic analysis would confirm whether or not the DEIR's assumption is correct that only 25% of the generated traffic travels in this direction. The City anticipates that the study will find that a greater percentage of traffic accesses the facility from the Saratoga - Sunnyvale Road/Pierce Road direction. • There is no analysis of the project's effects on traffic when concert events coincide with other visitor - drawing events in Saratoga, such as the annual street dance or events at Villa Montalvo and Hakone Gardens. The DEIR further states that City representatives reported there were no pending development projects within the study area that would contribute to cumulative traffic impacts. In fact, there are several major development applications pending or under construction within vicinity of the studied intersections that need to be included in the Background Conditions analysis. These projects are provided in the attached list. • The DEIR indicates that the Winery's reserved seating program has helped reduce traffic impacts but does not indicate whether that program will be required a condition of the CUP. 1 Mouritain Winen� DEIR Page Three The parking analysis does not seem to be supported bv the DEIR's own traffic �eneratioii findings. Assuming a 2,500 person concert with 25 employees generates l.l �0 cars (at persons per car), how can an g44 space parking area accommodate all these vehicles'' .And this scenario doesn't include other special events occurring simultaneouslv or an ea�ent that ��•ould require more than 25 employees. Noise The DEIR notes that the Mountain Winery is currently operatine in violation of Count�� aild City noise standards. Amplified music is played after 10:00 PM. The Count�• ?�oise Ordinanc� prohibits this if it "annoys or disturbs a person of normal sensitivities". The complaints received from past concerts indicate that the noise from the music may be "annovii��_" or "disturbing". The DEIR's statement that noise levels exceedin� Counry standards ���ere lo�� and would not be expected to be annoying or disturbing is not supported b�� e��idei�ce and is contradicted by the complaints received. IVoise levels at three of the four locations measured exceed the County's absolute standards for noise level after 10:00 PM. The concens also exceed the standards set in the C�ty's noise ordinance for evening noise levels (7:00 to 10:00 PM) at two of the four locations measured and the City's nighttime (after 10:00 PM standards at three of the four locations. The concerts also exceed the City's standards for increases in ambient noise levels at three of the four locations. The Ciry supports the conclusions of the DEIR to require the concert series events to comply with both the County's and the City's noise ordinances. However, there needs to be a mechanism for verifying this compliance in the future and for making the CUP conditional on this compliance. A monitoring program needs to be developed that can be reviewed annually by the Ciry to gauge compliance. In light of the ongoing noise violations at the facility, it may be difficult for the Counry to make the necessary findings to approve the CUP. Conditional Use Permits typically require a findin� that the permit will not be injurious to public health, safety or welfare. The code violations documented in the DEIR could be injurious to public health and welfare. The DEIR indicates that noise levels in the surrounding community will vary depending on weather and wind conditions. �ecause these conditions are out of the control of the County and project operator, noise standards for the facility should be based on reasonable "worst case" weather conditions. The DEIR does not specify future plans for the helicopter-landing site. If the site is used for non-emergency putposes, it could have noise and safety impacts on the surrounding area. The DE]R and the CUP need to specify the extent of uses permitted for the landing pad. Mountain T'T net DEIR Page Four • The DEIR's conclusion that traffic noise would not constitute a significant impact is inconsistent with the significance threshold set forth in the DEIR. The DEIR states a 3 dBA increase over the ambient condition is significant and that traffic noise will increase noise by approximately 10 dBA. Traffic noise levels are expected to be between 45 to 50 dBA - noise levels above 45 dBA violate the County's noise ordinance. The DEIR discounts these effects on the grounds that most residents can be expected to be indoors in the evenings. Neither the DEIR's significance criteria nor the County's noise ordinance, however, distinguish between noise inside a home or outside a home. In fact, the County's ordinance is described in the DEIR as setting standards for exterior noise levels. Accordingly, the DEIR should be revised to indicate the significance of traffic noise and to propose mitigation for that impact. Trails • The City's Parks and Trails Master Plan recommends a pedestrian and equestrian trail link from the existing Teerlink Residential Subdivision trail system in Saratoga through the Mountain Winery property to connect with Sanbom Park and the County trail system. This trail connection needs to be evaluated in the EIR and investigated as a mitigation measure to offset traffic and roadway impacts generated by the facility. The City Council strongly supports using this EIR and CUP process to extend this important trail link through Saratoga to the County. Since the EIR and CUP are necessary to legalize the facility - as if it didn't currently exist — the City does find that there is a sufficient nexus between mitigating traffic impacts on Pierce Road generated by the Mountain Winery and the need to provide safe pedestrian and equestrian access off Pierce Road. Septic System • The DEIR defers study on what degree of septic system upgrades will be necessary for the facility. The DEIR should note that the City of Saratoga adopted a septic abatement ordinance in June 1999 that requires all properties within the City and within 200 ft. of a sanitary sewer line to connect to sanitary sewer (ordinance attached). The Mountain Winery property may meet these criteria in that Parcel 5 extends down to the intersection of Highway 9 and Pierce Road and is in Saratoga. Though Parcel 3 contains the developed portion of the site, a sanitary sewer connection should 'at least be considered from an environmental standpoint - 7,000 ft. of additional leach field lines would require a significant amount of vegetation removal and exacerbate unstable soils. Abandoned Quarry • City records indicate that the old quarry area has never been reclaimed and rehabilitated to stabilize the quarry and reduce the amount of sedimentation flowing into the Calabazas Creek. This condition of this abandoned quarry needs to be addressed in the EIR. Mountain Winen� DEIR Page Five The City accepts the premise of approving the EIR for the purposes of degali;,r�g ceerrerar acriviries. However, considerarion of the Conditional Use Permit should only define and approve current activities. Too many of the �itigation aieasures suggested in the DEIR to cover the proposed expansion of the faciliey are deferred un�l a later Architectiu�al and Site Approval is �ranted. Any proposed future intensification of facilities or activities should ieq�ire an amended Conditional Use Permit in addition to an,�rchitectural and Site Approval. There should not be am• inference that this EIR or CUP endorses any future expansion. A separate focused environmental review should be required for any future expansion. An issue that has not yet been raised is the possibiliry of working with the County and the property owners to annex the entire 580 acres to Yhe Ciry of Saratoga. While it is my understandin�, that the City cannot force an annexation since the property is not within Saratoga's lirban Sen�ices� Boundary, it certainly makes sense to give the City the authority to administer the CUP since, a�ain, the traffic, noise, and other impacts generated by �he M[ountain Winery activities are felt directly by Saratoga residents. Supporting this posi�on is the fact that the facility has already been annexed to the Saratoga Fire Protection I)is�ict and Yhe prop�y boundaries do not match Ciry/County boundaries Parcel5 is partially wifhia Saratoga and partially within the Counry. This same parcel is therefore also subject to Saratoga's sanitary s�►er connection ordinance. Lastly, the current use of the Mountain Winery property is cl�rly as an urban visitor-servin� faciliry, versus an agricultural use, which is why the property is included in the City's pending Urban Grovv�h Boundary. If you have any questions regarding the concems raised in this letter, please contact Community Development Director James Walgren at (40�) �6�-1232 to discuss these matters further. Sincerely, �6 an Bogo Mayor City of Saratoga f enc. c: City Council City Manager° City AY�orney Community l�evclopm�nt Director ���oou� Spmrts I�1e��a�Y� ��u�o 4966 El Camino Real, #206, L,os Altos, CA 94022 �6: 650-964-'S80 �'ag: 650-9641-��20 Mr �ary B9oo�qui�6 Ciry of Saratoga Dear Mr. Blooenquis8: Q�totier 1�, 1999 Re.: Building, Managing �d Donating Recmeatio��9 ��9 ffi$�u� IHla�yll �4 ���g� ���6mg Park or Other Pavks in Saratoga We are interested in providing funds, building and ir�anaging the following facilities in one of the City Parks in Saraioga. Following is our proposal: 1. Recreation Hall for table tennis, chess, etc., on the existing basket ball court at Congr�pring Park. Recreation Hall will have rest rooms, shower and storage rooms within the building. 2. Sports Hali will be for indoor tennis, volley ball, baskeY ball and ind�r su�cer on the exisYing tennis courts at Con�ress Sprin� There will be restrooms, shower, stoeage locl�ers and visitor facilities. 3. Provide a source of income for the citv from rental of this land. 8ournarnent fces and annual membership fees. Building Feahues: 1. The buildings will have advance li tinQ svstem, insulation, advance caustic svstem. and special sports floor system 2. Tall. colorful. attractive trees will be planted around the buildings for shade. 3. Exterior of the building walls will be oovered with flowerin¢ and decorative vines for attraction and 000ling. 4. The buildings will be surrounded bv trees ar►d shrubbery, and atYractive outdoor aught ligheing for ecstatic. In short, city, community, youth, elderly, athletic, non-atP�letic, and afll family memhsrs of the community will benefit from a modern Sports Hall and Recreation Center. We will manaee the facilities and thepro�rams on a continuous basis (as a non-profit corporation), improve the city park environment, while un�radin� the nei�hborhood and orovidine a source of income to the citv We are selecting a City in Santa Clara Countv and a City in San Mateo Countv for the Sgarts Hall and Recreation Hall projects offering. The size of the area needed for a Recreadon Hall is equal to a basketball oourt. One or two tennis courts would be suf6cient for a Sports Hall. A Please let me know if Saratoga City has any park space and is interes2ed in considering our progosal. If the answer is `Yes,' we like to make a presentation with more detail about our proposal. We look forward to yow help in providing the most desirable Socio-Athledc family center in the Bay Area benefiting our community members of all ages. Sincerely, �i2��fi�i�i Matt Madison November 16, 1999 TO: Matt Madison FROM: Cary Bloomquist, City of Saratoga REGARDING: Cancellation of December 6, 1999 Parks and Recreation Commission Meeting During the November 15, 1999 Commission Meeting, The Parks and Recreation Commission decided to cancel the regularly scheduled meeting in December. Your proposal letter was reviewed by the Commission, and you will be placed on the January 10, 2000 Meeting Agenda. I apologize for any inconvenience this may cause you. The Parks and Recreation Commission will be carefully and closely analyzing your proposal. You will be asked many detail-oriented questions regarding the letter you previously submitted and your proposal. Please be prepared to discuss, in detail, why you want to build an indoor sports facility. Also be prepared to discuss, in detail, the costs involved in building this structure and the cost structure for all applicable user fees. The Commission may want to know if advertising products or services will be involved and where the revenues will go as a result of the use of this facility. Thank you for your interest in our community. Your efforts are appreciated. We look forward to seeing you on Ol/10/00. If you have any questions, please contact me at 408 868-1258. Features to be considered �o�t�h� 9nd�or �port Cente� 1. Addanced lighting systems. Appropriate foot-candle light intensity with multi switches for various sports. Advanced acoustic systems for better athlete performance as well as desirability. Z. Addanced insulation systems, for energy savings and desirability's. 3. fVa4ural lighting system through multi skylights and windows for cheerfulness and desirability as well as better athlete performance. Passive air-conditioning (without gas or electricity.) Electronics filtering air circulation for health and safety. 5. Advanced floor sys4em for injury preventions and proper bouncing. 6. Shower, Pestroom and locker facili4ies. 7. Proper color sheme for desirability and better athlete performance. 8. Proper wall covering for injury preventions, and better acoustic. 9. Exercise room with 4he equipmen4 opening Qo 4he main gym are� foP pa�en4 and athlete use. 10. Reading and quite room for parents and athletes to do reading and homework while waiting. 99. Conversation room for paren4s and chil�re�a interac�ion. 9a. 220 degrees portable stag�, for talent shows and performances. 93. Adeanced sound and stage lighting �ystem. 94. On site resident manager. 15. Attractive, �ell lighted, and pleasan4 eu4e�ior. 96. Exterior vvalls covering with plants, and �lox�ring dines. 97. A canteen area foP snacks. 98. State of art security and alarm sysQem. 0 4 c�9 C��`�� o� e e �oC�� 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 a(-30�i S6S-I?I�U Incorporated October 22, 1956 December 29, 1999 Dr. Kevin Skelly Principal, Saratoga High School 20300 Herriman Avenue Saratoga, CA 95070-4999 COU:�'CIL MEb1EERS: Evan Bake� Stan Bogosran Johr. M.ehaltev n4Ck Stfe�t Anr, �L'alfor;smlG� Subject: Confirmation of receipt of letter dated 12//15/99 regarding new aquatic center and confirmation of attendance at January 10, 2000 Parks and Recreation Commission Meeting Dear Dr. Skelly: This letter is to serve as confirmation of receipt of your letter dated December 15, 1999 regarding the request for an investment of $150,000.00 by the City of Saratoga for the purpose of constructing a new aquatic center at Saratoga High School. The Parks and Recreation Commission placed you on the Agenda for the January 10, 2000 meeting at 7:30 p.m. The meeting will be held at City Hall in the Emergency Operations Center, next to the City Managers Office. Please be prepared to give a brief presentation to the Commission regarding the proposed investment, by the City, in the new aquatic center. If there are any materials you.would like distributed at this meeting, please provide 15 copies for the Commission and City Staff. If you have any questions, please feel free to call me at 868-1258. I look forward to seeing you at the meeting. Sincerely, Cary Bloomquist, Administrative Analyst Enclosure: Parks and Recreation Commission Meeting Agenda For January 10, 2000 Printed on recycled paper. �:nt Gi 1�1� SA�A°TO�A I-�IG�I S�II���IL Principal: Kevin Skelly, Ph.D. Assistant Principals: Karen Hyde, Charles g{rause December 15, 1999 Mr. Larry Perlin City 1Vlanager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Larry: 20300 Herriman Avcnuc Santoga, CA 95070.4999 Phone408/867-3411 Fax 408/867-3577 i r,e �urpose of this letter is to follow up our meed�g of December 9, 1999. As we discussed, Saratoga High School is extremely interested in receiving the support of the Ciry of Saratoga in the construction of the new aquatic center. We believe this facility will be a tremendous community resource and help fulfill our common goal of making Saratoga one of the finest places to live in the world. At the meeting, you requested that I put into writing my request that the city invest $150,000 in a sinking fund that would be paid down over time by the ciry's rental of our facilities. We have had a similaz arrangement in place for four years where the city has prepaid for facilities. However, this would be a larger sum of money. I believe our present agreement regarding facility usage works extremely well. The larger amount would allow us to build the type of high quality facility worthy of this community and avoid skimping on aesthetics. As I believe Joan Pisani and Beverly Tucker will attest, we have worked extremely well with your Recreation Department to make our facilities available as much as possible for the recreation department's use. Saratoga High School believes that our facilities are there for the community's use. I am aware that there may be increased pressure on fields and facilities in the upcoming two years. Sazatoga High School wants to help in any way we can. While our school use comes first, there aze still plenty of opportunities for recreational programs to use our fields, gyms, and other facilities. It is my understanding that you will review this request and discuss it with the Ciry Council �uring their January 19`� meeting. Please let me know if there is additional information tnat you or the Council 1Vlembers need. I am also happy to answer any questions, either in writing or at a council meeting. I believe this is a great opportunity for the city and the school to work together. Thank you for your attention. Xc: Cindy Ranii, Superintendent Sin erel Kevin Skelly Principal A DIST'INGUISHED CALIFORNIA SCHOOL NATIONALLY RECOGNIZED FOR EXCELLENCE G 1 i 1 l i 1 1 l a d E �y. i ;i 1 i `1 I a e �or,�.����� 1,'�' `'•Y By K�+w{ cx�.�Rs The city is moving forward with ttie Pazks and Recreation Commission projects recent- ly approved by City Councii, especially the play equipment at Kevin Moran and Gar- diner parks, the commission's fust priority. "Everything is being actively followed up on," said Cary Bloomquist, city staff liaison to the commission. At the City Council's joint meeting with the commission on Oct. 26, council mem- bers unanimously approved five of the commission's six projects and the com- �mission's recommendations on how [o spend the $2.4 million in park develop- ment funds. Bloomquist gave updates on the projects at the Parks and Recreation Commission meeting on Nov.15. The new play equipment at Kevin Moran and Gardiner parks will probably be installed in June, in time for the school's picnics at the end of the year, Bloomquist said. Land surveyor Gerald L. Arana has completed a topography map for each park to show the condition of the land so construction can begin. Ross Recreation was chosen this fall to supply the play equipment, and now the city must accept bids for a company to install it. The other park projects on which the city `is working include improvements to play- fields at Congress Springs parg and renova- tion to restrooms at Wildwood, Congress SPrin&S and EI Quito parks. The council will decide in January how much to spend on ;renovating the community center, another project recommended by the commission. Vdork on a precarious segment of the Parker Ranch Trail system, the water tank trail, which commissioners in October voted to shut down forsafety reasons, has yet to begin. The city will temporarily close the trail, possibly Nov. 24, now that the city attomey has approved the word- ing for ihe closing signs, Bloomquist said. According to Commissioner Marianne Swan, a landslide in 1994 caused damage to this portion of the pedestrian and equestri- an trail, which has eroded further because of mountain bicycle use since then. A general engineering contractor with Steven's Creek Quarry estimated that it would cost $20,Opp to regrade the portion and fill it in evith dirt, according to Teri Baron, coordinator and founder of the volunteer organization Saratoga Trail Enthusiasts. Baron spoke at the Nov. 15 commission meeting. Putting up a retain- ing wall would bring the cost up to $46,OD0. Baron decided the cost was too high because the contractor could not guaran- tee that the problem could be solved. She mentioned a bridge as one alternative. "There are other avenues we can look at to fix it so we don't have to spend so much money," she said. "Unfortunately, it's not an easy fix-it," Bloomquist said later in an interview. "It's an area prone to slope failure." Commissionmembers decided that, in the future, they will assign cornmissioners to a specific park or project, so the public knows whom togo to with questions orsuggestions F: A'•' ew par s cornrnisslon�r� like re iona� la. e���������, The trick is to not impose on neighborhoods By I{nw� cHn�.n�s All three newly appointed Parks and Recreation commissioners support Mayor Stan Bogosian's proposal to consider forming a joint powers authority for regional playfields among Saratoga 9nd o[her West Valley cities. Norbert Fronczak, Nick Semff and San- dra Dodge, all parents of young children, support the idea, as dces Commissioner Elaine Clabeaux, who was reappointed for a second term. Fronczak, Seroff, Clabeaux and com- mission Chairwoman Judy Alberts live in the Azule Park neighborhood. Fronczak and Seroff; who are members of the Azule Park Neighborhood Association, live on Seagull Way and Goleta Avenue, respec- tively. These sveets are largely affected by activities at Azule Park. T'he commission posts are Fronczak and SerofPs first stab at local government Fronczak, 42, is an operations manager for a semiconductor chemical company in .Sunnyvale and runs his company's bas- ketball team. Fronczak said he moved to Saratoga two years ago for the rural atmdsphere and the peace and quiet. His two sons, ages 9 and 11, are swimmers, and played soccer in the past. Fronczak opposed last year's proposed development of Azule Park into practice and game fields for Saratoga "That wasn't a bad idea," he said. "But I think there's a� better one. I think there's a defu�ite need for playfields—I'm all for the idea of a cen- tral location." Fronczak said he defuiitely dces not want playfields disrupting the peace and quiet in neighborhoods. He also said he wants to encourage more neighbors' participation in such issues before decisions are made by the Parks and Recreation Commission. Citi- zens who don't participate really have no right to complain, he said. "Part of a democracy is getting every- one's opinion," he said, adding that one reason he applied for the commission seat was because he hates to complain about something and not act upon it. Fron¢ak said he supports the idea of regional playfields because pooling the resources of many cities would mean a bet- ter facility in the long run. Even if play6elds are outside Saratoga's borders, they would becentrally located and nearmajorroads,he said, and most importantly, they probably would not affect any neighborhoods. "Con- �eptually, Ithink it's a great idea," he said. Nick Seroff, 39, works as an engineer for a San Jose company and has lived in 4aratoga forseven.years. He is the son-in- aw of Commissioner Clabeaux_ Seroff has :hree sons—ages 4,10 and 13—who play �occer and basketball in Saratoga. He ref- :rees for the American Youth Soccer �rganization and coaches one son's Yational JuniorBasketball team: Like Fronczak, Seroff opposed last year's proposal for developing Azule Park into playfields because the park is not eas- ily accessible and the increased traffic and related noise and safety issues would affect nearby residents, he said. Seroff and his wife were the fust to pro- pose moving the Heritage Orchard to make room for playfields on the corner of Fruitvale and Saratoga avenues. Althoagh the suggestion angered Saratogans who wanted the orchard to stay where it is, Seroff said he received many positive com- ments on the idee, too. He said ihe orchazd is large enough, centrally located and would not affec[ residents because it is not adjacent to neighborhoods: �"IYs a logical spot," he said; adding that "somebody's going to be mad, no matter what you do." Seroff said the joint poweis authority is a good idea as long as the fietds aze close to Saratoga. He also wants to solve what he calls the.biggest problem the Parks and Recreadon Commission faces: communi- cation with neighbors. "Citizens like to be involved in the decision-making process," 6e said. "I think we have to figure out a way to get people proactive and involved in this stuff as early as possible." He suggested the commission look into using cable television and the Internet to gather•more input from Saratogans. Sandra Dodge, 36, an Oak Street resi- dent, has lived in Saratoga since 1968. She is working towards a degree in politics with a minor in legal studies, from UC- Santa Cruz, whick� she expects to finish this spring. Af[er graduation, she plans to pur- sue a joint law degree and MBA at Santa Clara University, Dodge was a volunteer firefighter for the $aratoga Fire District, and she is a volunteer grocery shopper for homebound people. She said she appGed for the seat on the commission because she is a longtimeres= ident of Saratoga who is studying polities and her 10-year-old son plays for AYSO and Litde League in Saratoga. "I just real- ly like being involved in this kind of stuff," she said. "IYs right up my alley." Dodge, who was'active in student gov- ernment at De Anza College, which she attended before transferring to UC-Santa Cruz, saw the notice igthe Sn rtA'rocn NEws announcing open commission seats. She thoughtbeing acommi�sionerwould be fim. Dodge said she has adbt of studying to do on the playfields issu'e in Saratoga but she already agrees with the idea for regiooalfields. Elaine Clabeaux, appointed.to the com- mission in 1996, willserve a second term. A resident of Saratoga since 1967, Clabeaux raised two children in Saratoga, who now reside here with their families. She also has six grandchildren, who. use Parks and Recreation services in Sazatoga, so she said she is involved "like a parent.": Clabeaux thinks the proposal for a joint powers authority is excellent and will ful- fill a need common to all cities involved. "I think [the idea] could solve a lot of prob- lems," she said. "I'm all for it." The new commissioners will join Chaii'- woman Alberts, garbara OLsen and Sheila Ioanaou at the 6rst meeting in January. 1 e .o. o -1 ex or e� t e �SSl l 1 .o o �,n r1��:11`l .t tm 11� BY Knxn�Cx,�r.�tExs T tie city of Saratoga should consider annexing the Mountain R/inery, and it needs more time to do so, the mayor recendy told county planaing comniissioiiei's. Speaking on the city's behalf, Mayor Stan Bogosian asked the Santa Clara County Plan- ning Commission to extend from Dec. ��5 to Jan.15 its public comment period on the win- ery's draft enviromental-impact report. He made this request during the departmenYs Dec. 2 hearing on the draft EIR for the win- ery's conditional-use permit and arclutectur- al and site approval (ASA) applications. County Planning Director Ann Draper did not formally extend the comment period, but she will allow the city an extra month to address annexation specifically, said Terry Trumbull, county planning commissioner. According to Saratoga Community Deve1= opment Director James Walgren, the city will submit its formal, written comment on the draft EIR by Dec:15. Bogosian said annexation may be the best idea'for Saratoga ancl� the winery owners because most of the winery. 's environmental impact, such as traffic and noise, affect Sarato- ga. Only 75 of the winery's 580 acres are with- in city limits, but most of the winery's neigh- bors are Saratoga residents. According to Bogosian, the county's permit process may be long and tedious for the winery, which is� a potential source of sales tax for the city, too. The procedure for annexing to Saratoga .�unincorporated county land is addressed in state law and implemented by the county. �rst, the city must to ask to anpex the land. Then, the five-member Local�Agency Forma- tion Commission--which comprises two county supervisois, two city council members from throughout.ihe county and one public representative—may require that certain city services, such as sewer service, be extended to the property. The Winery ca5e is complex because there is a single�landowner who can veto any decision Trumbull said. According to IVancy Bussani, president of the Mountain Winery, the owners are not pre- pared to comment on annexation at this time. She said that tfie winery's partners will meet Dec.16 to c�iscuss the issue. Trumbull said that, if the owners want Saratoga to annex the winery, the process will be easy. If the owners oppose annexation, the county technically could deny the winery's expansion. "The county can encourage annexation, but I don't think we would ever say no to the con- ditional-use permit for current uses," Trum- 6ull said. He said it is difficult for the county to force anneuation. 'Frumbull said he agrees with Bogosian ihat Saratoga should annex the winery. He said only Saratoga residents have taken any interest in adivities at the winery during the eight years he has served on the county Planning Commission. "IYs better for the wmery and Saratoga cztizens to have decisions made locally,"Trumbull said �/inery neighbor Ricl� Denton said he is neutral on the issue. "There are more ques- dons than there are answers right now," he said, adding that a.cost-benefit analysis of annex�tion would be valuable. The draft EIR, prepared by a consultant selected-by the coun .ty, outlines potential effects of the proposed use permit and ASA and lists mitigation measures for those effects. Although. the use -permit and ASA would legalize the type of events hosted by the win- ery for more than 40 years, the permit's approval would not allow any new uses on the property_. According to the county• zoning ordinance, the winery's Hillside zoning allows the current uses, as long as the owners obtain a conditional-use permit from the county. According to the draft EIR, any environmen- tal impact of the winery can be mitigated to the point that it is insignificant. The draft EIR intends only to legalize current activities, but it also discusses expansion and improvements initiated by a previous owner, the details of which are not final. Winery own- ers have no set plans for expansion, but they aim to increase the number of concert bowl seats from 1,750 to 2,5(30, build new performer bun- galows and relocate the kitchen, which means expanding the winery building by 1,500 square feet But even if the use permit and site approval applications are approved, winery owners.would have to repeat the architecture and site approvai process for any expansion. V V 9 y r ,,r r _g o o o ex� o�r e� t e OSSI. 1 .o.� .�o�.�:�. :o ann ��:11�1 t�.- l BY K,4Rn"CxA�xs: LNlFR he city of Saratoga should eo�isider T annexing the Mountain Winery, and it needs more time to do so, the mayor recendy told county plarining comni��� Speaking on the city's behalf, Mayor Stan Bogosian asked the Santa Clara County Plan- ning Commission to extend from Dec: ��5 to Jan.15 its public comment period on the win- ery's draft enviromental-impact report. He made this request during the department's Dec. 2 hearing on the draft EIR for the win- ery's conditional-use permit and architectur- al and site approval (ASA) applications. County Planning D'uector Ann Draper did not formally extend the comment period, but she will allow the city an extra mont6.to address annexation specifically, said Terry Trumbull, county planning commissioner. According to Saratoga Community Deve1= opment Director James Walgren, the city will submif its formal, written comment on the draft EIR by Dec:15. Bogosian said anneaation may be the best idea'for Saratoga and� the �winery owners because most of the winery. 's environmental impact, such as traffic and noise, affect Sarato- ga. Only 75 of the winery's 580 acres are with- in city limits, but most of the winery's neigh- bors are Saratoga residents. Accord'ing to Bogosian, the county's permit process may be long and tedious for the winery, which is a potential source of sales tax for the city, too. The procedure�for annexing to Saratoga �unincorporated countyiand is addressed in state law and implemented by the county.. First, the city must to ask to annex the land: T hen, the five-member I.ocal�Agency Forma- tion Commission--which� comprises two county supervisors, two city council members from throughout.the county and one public representarive—may require that certain city services, such as se"wer service, be extended to the property. The�Mountain Winery case is complex because there is asingle landowner who can veto any decision Trumbull said. According to IVancy Bussani, president of the IViountain Winery, the owners are not pre- pared to comment on annexation at this time. She said that tfie winery.'s partaers will meet Dec.16 to cliscuss the issue. Trumbull said that, if the' owners want Saratoga to annex the winery, the'process will be easy. If the owners oppose annexation, the county technically could deny the winery's expansion. "The county can encourage annexation, but I don't think we would ever say no to the con- ditional-use permit for current uses," Trum- 6ull said. He said it is di8'icult for the county to force annexation. "Frumbull said he agrees with Bogosian that Saratoga should annex the winery. He said only Saratoga residents have taken any interest in activities at the winery during the eight years he has served on the county Planning Commission. "IYs better for the winerv aad Sarato¢a catizens to have decisions made locally,'.'Trumbullsaid.. -9�linery neighbor Ric.k Denton said he is neutral on the. issue. "There-aie more �ues- -tions than there are answers right now," he said, adding that a.cost-benefit analysis of annexation would be valuable. The draft EIR, prepared by a consultant selected.by the coun .ty; �outlines potential effects of the proposed use permit and ASA and lists mitigation measures for those effects. 'Although.the use �permit and ASA would legalize the type of events hosted by the win- ery for more than 40 years, the permit's approval would not allow any new uses on the property. .According to the county� zoning ordinance, the winery's Hillside zoning allaws� the current uses, as long as the owners obtain a conditional-use permit from the county. According to the draft EIR, any environmen- tal impact of the winery can be mirigated to the point that it is insignificant: The draft EIR intends only ta legalize current activities, but it also discusses expansion and improvements initiated by a previous owner, the details of which are not finaL Winery own= eis have no set plans for expansion, but they aim to increase the number of concert bowl seats from 1,750 to 2,SQ0, build new performer bun- galows and relocate the kitchen, which means expanding the winery building by 1,500 square feeL BuE even if the use permit and site approval applications are approved, winery owners would have to repeat the architecture fltld Site aimmvai nrni�pec fnr anv s�v.,��.,c;.,., 9 9 V o y V V 9 A I 1 I I 1 �.i ��v��.. <qi; :r^,c,�;' C°: ..a .ti 4�. ..:�o. -1 ex ore� �t� O�SI 1 .:o_ :O 4 a.n�e�:�n ..t :e.:: t l l�� BY �{ARA'CHAL.MERS The procedure:for annexing to Saratoga_ tohavedecisionsmadelocally,'.'Trumbullsaid 'unincorporated county land is addressed in. .:.�9dinery neighbor Rick.Denton said he is he city of .Saratoga should consider' state law and im lemented b the coun T annexing ttie Mountain'Winery, and it Y ty: neutral on the issue. "There are more ques- �rst, the ci ty must to a sk t o a a n ex t he lan d: tions t han t here are answers right now," he- needs more time to do so; the mayor, �en, thefive-member Local�Agency Forma- said, adding, that a.cost-benefit analysis'of recently told county planning commissidneis, tion Commission-�–which• comprises two annex�tion would be valuable. Speaking on the city's behalf, Mayor Stan S�n two city counci! members The draft EIR, prepared by a consultant Bogosian asked the Santa Clara County Plan-' from.throughout.fhe county and one public selected. by the coun .ty; �outtines, potential ning Commission to extend from Dec: �-5 to representaUve—may require that certain city. effects of the proposed use penmit and ASA Jan.15 its public comment period on the win- ���s, such as se�ver service, be extended to and lists mitigation measures for those effects. ery's draft enviromental-impact report. I-Ie �e property. The�Ivtountain VF/inery case is Although the use �permit and� ASA would made this request during the department's �mplex because ¢Iiere is a single'Iandowner legalize the type of events hosted by the win- Dec. 2 hearing on the draft EIR for the win- ���vho can veto anydecision Trumbull said.- ery for more than 40 years, the permit's ery s conditional-use permit and architectur- According to Idancy Bussani, president of approval would not allow any new uses on the al and site approval (ASA) applicadons. the Mountain Winery, the owners are not pre- property: .According to the county� zoning County.Planning D'uector Ann Draper did pared to commenton annexation at this time. ordinance, the winery's Hillside zomng allows� not formally extend the comment period, but She said that ttie BVinery's partners will meet the current uses, as long as the owners obtain she will allow the city. an extra month to Dec.16 to ciiscuss the issue. a conditional-use permit from the county. address annexation specifically; said Terry Trumbull said that, if the owners want According to the draft EIR, any euvironmen- Trumbull, county planning commissioner. Saratoga to annex the wmery, the'process will tal impact of the winery can be mitigated to the According to Saratoga Community Deve1= b'e easy. If, the owners oppose annexadon, the point that it is insignificant. opment Director James Walgren, the city will county technically could deny the winery's The draft EIR intends only tolegalize current submit its formal, written comment on the expansion. activities, but it aLso discusses expansion and draft EIR by Dec:15. `.'The county can encourage annexation, but improvements in.itiated by a previous owner, Bogosian saicl annezation may be the best I don't think we would ever say no to the con- the details of which are not final. Winery own- idea'for Saratoga abii� the winery owners ditional-usepermitforcurrentuses,"Trum- ershavenosetplansforexpansion,buttheyaim because most of the winery, 's environmental 6ullsaid. Hesaid itisdi�cultforthe county to to increase the number of concert bowl seats impact, such as traffic and noise, affect Sarato- force annexation. from 1,750 to 2,SQ0, build new performer bun- ga. Only 75 of the winery's 580 acres are with- "FrumbulI said he agrees with Bogosian ihat galows and relocate the kitchen, which means in city limiis, but most of the winery's neigl�- Sarafoga should annex the winery. He said only expanding the winery building by 1,500 squaze tiors are Saratoga residents. According to Saratoga residents have taken any interest in feet BuE even if the use permit and site Bogosian, the county's permit process may be adivities at the winery during the eight years he approval applicarions are approved, winery long and tedious for the winery, which is�a hasservedonthecountyPlanningCommission. ownerswouldhavetorepeatthearchitecture potential source of sales tax for the city, too. "It's betterfor the vvmery and Saratoga citizens and site approvai process for any expansion.. ��i v V V o 9: V (1 F�' I I' Cali�ornia Open Meetir�� (commonly known th� �ro�nrn �ct� i�amed after �tate �e�ts����r 1�a�ph M. �r°ovvr�D signed by then Gover°no�° �later° Supr°eme Cour� Justice) Earl V1/arren Found in Ca�iforni� �o����m�n� �od� (sections 54950 et se�a� 1 n 19 5 was 6 wor�� ��te�° �ets �f� amendments in 45 year� �ov� 2�845 �nror�� Cour°t a interpretation�°° ��el� �eanin� of� tf�� v�rorcl °ameeting'" th�t �ow def�ned in the statut� California Attorney �er���°�� Opinion� v Section 54950, ��gis��t�� poli� Itequir°e �oca� governfn�r�� �gencie� �anc� thei�° committees and maybe �ubcomn'ittees) to noti� the public of upcomin� �ssue� to be discussec� Requir°e decision� t� b� ��c�e i� publie vuew �u����� to certain exceptions Protec� �gainst ba�km�°��e� c�ea�� arnder°-th�� ��b8� dealin� �n pr°actice� tensior� �e���� �f�cient eondue� business and open cond�ect of bus�ness; �rown resolves tension in favoe° knowledge au�d accountability 0 n t I ��Legis�at�re bodie�°D a�e�in�c� er� ��tute �s perman��� committees with continuing subject matter jurisdiction �nd ho1c1 r°e�u�ar eneetings City� �ouncils, P�annin� ��mmisstons ��rks �n�l Reereation Commission� �hese �re all e committees �►c1 Hoe or ��specia �`I ��mmittee� �reation o� �co�nmt����� ��s� �orces �teo Co,nmittees �nrith �e�e��g�c� aa�th�rity �nrh� receive money and have �oting member°s fron� �i�j Council (i.eo Chambee° Commercg) 0 0 What �re the basic reauireu�ent� o� the �rov�rn Ac�� ��y��av�rs or other simi���° �u�e� rr�ust estal�lis�h re�uQ�� meeting time place Ir(eetings must b� �e�� i� �uriscii�tion �i.�o th� �fl�j limits) subject to certai� exceptions i�lotice of the 'neetin� ��gor� �ccur°� 72 hours for re���ar sneetin� �24 hours for spe�i�� rr�eetings Pos� �n �genda Agenda �nust shornP tirr�e �a�c� �o�tion o� meetin� and must be posteci in ��ree�y �ccessible locatior� (often identified in lo�� �ode� Agenda �nust contain �ee���°a� c�eseription o� item� be discussed ancl/or business to be transacted irlust offer �n opportuni�v �o�° pu�li� �omme�� on agencla items and nonmagencla items within subject matter jurisdicti�ng cannot prohi�it criti�� eomments from publi� 0 Prec�udes diseussio� o� �etior� o� atenis agenda� subject to limit�d exceptions �emergency iten'so �i���t�r �°equir�s �najority vot� to �etermine emergen� �immecliate need item�o ��h� �eed �o taf�c� action arises after �gencla posted� �equire� vote to put on a�enda Pu�lic has right �°�e�r� �eet�n�s �nc��or vievv/hear° agency°� �°eco�°c� of �neeting Adjourn to next �e��i�� i�ay� seem eomp�i�te� �a�g �O`� 9�arc� and is �o�°�� the time 0 J VI/hat are �neetin�s anc� wrf��� �r� �ar°iations or ot��� procedures (such as if ther°e is no� a� auoru�n)? Irleetin� def�ned �r� ��tu�� Adjourned rrieeting ��g�rr�� �rrie� ove to nex� regular meeting and notic� of adjournment �nus� postecl no new item� �n be �dded Continued meetin� �roe��ure� ��me �cljourn��l unless less th�n 24 hou�°� Changing �ocation me���ng� �gte�° posten� Qsiz� o� crowd, avaitability of �ac�lit,r� Switchin� me�tin�� du� �o�id�ys or �acatior�� Reminder o� possib�e �����eor� �y-�av�v� �r �o�� policies that may exist G r� F�� I 7 ��f ther°e are eomp�aint� ��ou� vio�ation� �f t�� A�� there must be °�deman� �o� �uree� ost common comp�ain�� �r� �a°�rn th� nevvsp�p��� ]udicia� action �eri�nin�O �istrie� �►ttorne� prosecutes as a�nisdem�anor°D c�ril action by D� o�° citizen to invalidate �cti�n talcen unles� °'�ubstanta�� compliance'° Open discussion a������ ��o��tions LI �1 jJ" r s Ex par°te commun��ti�n�o potential due proces� problems, decision �ralcer� should all have sam� information� should ciec��re ex �arte contact� �'Seriatim°° rneetin�� �g �uorum �daisy chain�D illegal meeting, fneetin� �najorit�r "pre�ent°° sarne time and place t� �ear discuss, deliberateD illegal action action is ��mmitrnent� promise� ����a� vote Hub-and-spo➢c� meet�n�� Diseussion �nd�or �e�i�� �r� �tem� not on �ge�c�� Diseussion and�or ac�i�� �n ite�s outsi�le o� meeting by obtainin� �o��ect�re �oncurrence quorunt E-m�i�, ,nemoranc�urn ���ne to other mem���°� �sking what they think ��out ��natter on nex� �genda Secret votes prohibit�� ,1 1 �A J_ 1 �_L .�a J 1 1 Only discuss and tak� aetao�� o� �tert�s on ��e ager��� Alw�ys provid� �or otem� ��°�a� th� �udiene� m�e caregu� about a�ene�� ��ts�c�� t�e pu��ic m�e�ir�� �communications which ar� not the record'a Appearances �re sn�poe°��� `Talc� i� serious�y� Prevention o� �io�ation� o� �����io� Genera� fund �ets �il� ��e° ��o�ati��s th�� �°esu�� o� attorneys fee� `Trus� in �overnmeng Qn� ��Q� e°o�� c�ea�s� f;ooc� re�ations writf� �n�l �omtnuni�tior� �f� accurate information about e�em� t� be discussed actions to be take� m f�ncourages particip�tioa� �ub�i� o� �he public°� business 0 Vllhat�pes og situation� no� �io�ations� Examp�es can be park ���nin���dedicati�ns promotional events eon�erts in the park, fun�� raisers, parades, high school ��raduations� spor�� events Chamber o� Comn'�r�� �ixers �oys anc� C�ir°�� �uctions �aveat don°� hav� ����urt� to�ether ta�kin� about commission busine��� �nfor°mationa� ,neetin�s �n� �n �ne eon�acts �nrit� staff or proponents/opponent� L L� �i 1 ��onsu�t your staff� �h� ���v c�er� and/or° the ci� attorneyas office �early and often!� �tate o� �;aliforni� oegis����� �rebsite on th� Internet� www.leginfoe�o�o� l�ser°� �:uide �o R��ph �o f�r°o�nr� �cto °°Ope� �nc� Public I1" (May 1994)D ��ague of Califou�nia Citie� °fl�e �rown Acto °°�per� �eetin�s �or° �Lo�� Legislat�ve Bodies°° ��d 994�g Californ�a A�torne� General's Office �°�A Pocket Guide Opee� Meet<n� �LLavv� in California; The Brovvn A��°°D Societ,r of P�ofessior��� ,ournalists (415��03m79��� V1/estern Cit�r� Febr°u�ry �Hf�'onder�ul artic�� �nrith the history of the ��own Act in the League California Cities� magazin� Ru�e� may b� somevirha� �i��eren� �or son'� agenci�� �iee0 school districts hospita� districts) clon°� apply the rules discussed �oday �nrithout furthee° o inquir,r Chec�C your �oea� �u�es ����eie$ �nc� by-�a�nr� ����i� I���g�� l�ieetin� CC��ce�Yat��n 'I'�e �°e�uYa�°Y� sc➢���uY�� ffi���i�� �he �arfl�� ��n�l Recr�atiom (C��missi�� l�hlonday De�e����° �999 �030 �oI�o �Ia� ��nceflfle�lo ��e �ex� �ece�Il�g Ibe ���c� l�ionda� �J����n°� ��0� A� 70�0 �o�no c���v ����o 1Vlone� a higher priority S�atoga than c��dre� �/hat is the most important concern of Saratogans? Money. d✓hat is the least �portant conoem? Kids. Article plaoement and the frieadly treatment of Jerry Houston and 1Vick Streit in the Oct.l3th issue of the SAxn'roGn Alews too easily discern all this. I refer to the front page placement of what appeats to be a Realtor'spuff piece, "No limit to sky-high prices," and the mid-issue plaoementof the story abouttheneed forren- ovated bathraoms in parks like Wildwaad. The puff piece drones on about money, money, and more money and how young couples (childless, no doubt) are paying cash for multimegabuck home� in Villa 1Viontalvo. I-Iouston's name is mentioned so many times that one wonders why this isn't labeled as an advertisement. I can't evait to see the next front-page article fr�o� another Realtor about money, money and more money. Where are kids? Not in Saratoga. Per- haps in (�apertino. Why is.t�at? Council- man A1ick Streit discloses his plans for spending a large portion of the 52.4 million pazk funds for fiAng bathrooms, thereby avoidiag �e issue of where Saratoga kids evillplay�uzoerandothersports. Hethrows 18 SAI2ATOGA NEWS NOVEMBER 10, I9s a bone to the park croe�d by declaring that Congress Springs must be repaired, and that the kids should play somewhere else in the future. �.nd where would that be, Mr. Streit? In Cupertino perhaps? And why is that? Because various picayunish groups scream loudly every time anyone even thinks of putting a park for Saratoga chil-. dren in their Saratoga neighborhood. What are the reasons given for oppos- ing these parks? The streets are too small and we wouldn't want Saratoga children playing in our neighborhood and destroy- ing the qualiry of our neighborhood and its property values. Ohhh. There's that money.thing again. Councilm�n Strei� k'ace the real issues you were elected to deal with and stop pan- dering eo folks lilce the Azule Park/Blue I�ills'cro�vd. I don't reeall that you were elected just to represent them. Swtt�'rac3n ATEws: Put the real issues on the front page and label an ad an ad. Criti- cally question our local government "lead- ezs" about tlie impact oP their plans, instead of acceptingtheirstatements at faoe value. Sazatogans: Saratoga nceds more Sarato- ga parks for SaraYoga kids. I'll bet that if the pazks were put up to a aote by the citizens (as opposed eo evhining at a Parks Commis- sion meeting), the parks would be put in. s Cn�E�.t, ff�[,�st�v✓ clen a�ae Drive r' ...-�.:��1D�d1V11��1�1�1��►J ?1:±��1V11G1@I 11 �,1� IlJidt��� !L e Vd �1'�i-� g4� �ity G'ouncil svill ajasc�ss p�ior to cou�a�y hearing I�ocunaent is �available g j By cx�►�.�Rs embers of the city's Planning and Parks and �tecreation commis- sions expressed concerns about the draft environmental-impact report for the Mountain Winery's conditional-use L permit and architectural and site approval applications at their meetings on Nov. 22 and 23, respectively. 'I�ie City Council also plans to discuss the draft EIR at its meeting I�ec. 1, which members�of the public and the.Planning, Public Safety. and Parks and Recreation commissions are encouraged to attend. Commissioners ,last week told James Walgren, the d'uector of community devel- opment, their ideas and opinions on the EIR to include in the response he will pre- sent to the City Council on Dec 1. A consultant selected by Santa Claza County prepared the draft EIR to inform decision-makers and the public of the poten- tial effects of the proposed use permit and architectural and site approval (ASA), which would finally legalize the concerts, the- atrical events, business meetin�gs and recep- tions that have gone on at the winery since 1958.'I�e use pernut would only approve the current buildings on the property and would no't allow any new uses of the winery. The entire Mountain Winery property totals 580 acres, 75 of which aie in Sarato- ga. The winery building, parking lot and Please turn to page l2 EIR Res o��� Continued from pnge 1 concert bowl are located on the portion within Santa Clara County. A�cess to the winery property is through pierce Road, a street entirely within Saratoga's jurisdic- tion. According to the EIR, the primary roads affected by any winery-associated traffic are within Saratoga. The winery is zoned "Hillside," and. according to the county zorung ordinance, hillside zoning allows the uses occurring at the Winery, as long as the winery has a conditional-use permit from the county,' With this permit, the winery will be in compliance wi�th county rules. If the.coun_ ty planning commission does not issue a use permit, the concert series at the Win- ery may have to cease. Winery owners have no set plans for expansion, but they propose an increase in the numberof seats in the concert bowl from 1,750 to 2,500, which may require che bowl's recon6guration. Other proposed winery improvements may include new performer bungalows and relocation of the kitchen from Chateau La Cresta to the Winery building, which means expanding the win= ery buildirrg by 1,Spp square feet. According to the draft EIR, if the appli- cations are approved, there will be no environmental impact that can't be miti- gated to the point of insignificance. For example, according to the traffic impact analysis in the EIR, the intersections of roads near the property will not be signif- icantly affected during peak traffic hours by trips associated with the winery. Also, the proposed concert seating expansion will not significantly affect the local roadway system (including Highway 9) in 1999, according to the EIR. But the expansion willnot happen foryears, if ara71, so the finding may not apply at that time. Because traffic conditions may change in the future, addidonal studies may be done, depending on development in the area. However, some planning commyssion- ers questioned theadequacyo�t}�e-���c-- impact analysis�at the meeting iVov. 23. Ttiey said the extra seats proposed at the concert bowl and the extra 1,500-foot expansion of the winer� building may affect traffic and roads because eXtra s�a� probably mean more people and cars. Parks and Recreation commissioners said at their meeting Idov, 22 that they rzc- ognize that important city trail linkages go through the Mountain WinerY ProPertY at 14831 Pierce Road in the county. They recommend. that the city ask that trail easements be dedicated and improved as part of approving the use permit. The public can review the draft EIR in the county planning department, Sarato- ga's planning department, and the Sarato- ga and I;os Gatos libraries. �The public will have.untii Dec. 15 to comment on the draft EIR by writing to the county plannir�g department or com- menting orally at a public Hearing Dec. 2 at 1:30 p.m. in the Board of Supervisors' chambers at 70 W. Hedding St. in San Jose, Direct any correspondence to John David- son, county pianner, at the above address, or ca extension 232, The county Planning Commission will consider the permit at the Dec. 2 comment hearing, but will take no action at that point. The commission will address any comments in a document that, paired with fhe draft EIR, will constitute the final EIR. The final EIR will be available for the public to review a minimum of 10 days before the county iiecides how to act on it. Vo1.46 No.49 ���ednesda�;Decemberb,l�1 1�ll �l.J l �l �t`�111 �'D�1L1�1���1L.y��+� �11�� �t`lll V �l��� 1 �1 ���1 �J Some think ambig�i� m�y 1�e�it, future exp�nsion -�9a�aexa�ao�za�si�ialaly-- Bl' KARA CHALMERS he draft environment�l-impact report for the.Mountain Winery's conditionaj-use permit and archi- t��'al and site approval(ASA) applications have caused quite a stir in Saratoga and led the city to ask for an extension of the review and cornment period, so that it might explore the feasibility of anneacing the winery 1VTayor Stan Bogosian on Dec. 2 summa- rized the council's conclusions on the draft EIR at the report's hearing before the coun- a Phe C�Y ou il et ingPhe oll c ed input from residents, community-develop- ment directorJaines Walgren and members of the Parks and R�creation, Planning and Public Safety commissions about what to include in his response to the county. •Some City membe� �d residents b�lieve the draft EIR is ambiguous, espe- cially where it purports to address current conditions at the winery orfuture expansion. The report was prepared by a consultant selected by Santa Clara County. It is intended to outline potential effects of the proposed use permit and ASA and lists mitigation measures for those effects. The use permit and qSq legalize the type of events held at the winery for more than 40 years, such as the concert series, and would not allow any new uses. According,to the countyzoning ordinance, Please turn to page 12 V�Iine� EIR Continued from page 1 the winery's Hillside zoning allows the uses occurring at the Winery, as long as it has a conditional-use permit from the county. According to the EIR, any environmental impact of the winery can be mitigated to the point that it is insignificant. "The condi6onal-use permit, we believe, should cover the current uses of this prop- erty," Bogosian told county planning com- missioners. "An expansion is the proper subject for an additional conditional-use permit, although expansion and the impli- cations of that were discussed in this EIR" Bogosian also summarized Saratoga residents' concerns and said that while the city respects and values the concert venue at the Mountain Winery, the uses' impact, such as traffic and noise, almost exclusive- ly affect Saratoga. Only 75 aeres of the 580 mountain winery property is within Saratoga city limiu, but most of the winery's�neighbors are Saratogans. He said council members would like the comment period extended from Dec.15 to Jan.15, so they can loolcinto the feasibili- ty of annexing the winery to Saratoga. ALso; the council wants to take more testi- mony on some of the coacerns brought up at the council meeting. "I truly believe that annexarion may be the best way to go," Bogosian said. "It would more directly meet the needs of the people of the city and more efficiently meet the interests of the developer of the property." 'The commission recommended that ihe comment period be extended one month, as Bogosian had requested. The decision is up to county Planning D'uector �+.nn Draper, who could not say when she will make that decision. At the council meeting Dec. l., council members and one resident, Rick Denton, commended ihe owners of the Mountain Winery for being responsive to many con- cerns of the neighbors since they took over the property. But council members and res- idents noted shortcomings they saw in the draft EIR, such as in the n�affic study section. "I think their analysis of traffic and staff loading for various events are grossly in error," Council member Evan Bakersaid, and many residents echced his sentiments. "And therefore warped traffic circulation impacts, so I can't consider it to be valid." Kristine Syskov�ski, project manager for the winery, said she has confidence in the consultant the county chose to prepare the EIR, when asked how she would respond to allegations of the traffic study's inadequacy. The roads most affected by winery-asso- Please turn to page 14 Continued fiom page 12 ciated traffic (such as Pierce Road, the main access road to the v✓inery) aze in Saratoga. According to the traffic impact analysis in the EIR, the intersections of roads near the property would not be affected during peak traffichours by trafficass�iaced with the winerY And the proposed expansion of concert seating would not significantly affect the local roadway system, at least `vith 1999 �onditions, according to the EIdt. Saratoga Planning Commissioner Lisa Kurasch said at the Dec. l council meeting that the traffic study was done in the fall, the off-season for the w•inery. The traffic study in the EIR is irrelevant, said resident William Brooics. He said the analysis studied not only the wrong season, but aLso the wrong hour and the evrong day. Dennis paboojian of the Saratoga Trail Enthusiascs noted the failure of the EIR to adiiress the winery's impact on trails in Saratoga, especially 7ails that cross pierce Road. He and other members of the group recommended that development of the trails should be a mitigation measure for the winery's uses. I�1 common sentiment echoe�ghrough-. en e only to legaLze cur- rent activities, it discusses expansion and improvements initiated by a previous owner, the details of which are not final. Winery owners have no set plans for expansion, but are proposing an increase in the number of seats in the concert bowl from I,750 to 2,500, new performer bun- galows and relocation of the kitchen, which means expanding ihe winery build- ing by 1,500 square feet. But even if the use permit and site approval applications are approved, winery owners will have to go through an architecture and site approval again for any expansion. "This dosument mixed the CUP with Yhe forward-thinking, forward-looking, pre-approving of the architectural and site approval for its increase in usage, and it really disturbetl me," Counci! member Ann Waltonsmithsaid. CO�h' P�anning Director Ann Draper said the next step is to look at state code regarding extensions, and ensure compli- ance with it. She said that because consid� eration of annexation is an independent issue, an extended comment period will have no effect on that issue. However, she said that an extension might be worth- evhile if Saratoga has other concerns. �g�� out the night was confusion. While the draft EIR is int d d 4 �O�• No. 49 «�ednesda�; December �3, 1� `�'��ll ��1�1�,�J(�1'QJ�ll_1' ��JG 1D'1L �lJ 1 �1 ���1 '�1 �'D�111�11G�ll 1G11�� �YD'L"�1 �1 �l���1 �1 ���1 �1 S'ome think a�rtbigr�z�, 1�e�i�future exp�nsion -�4 n�aexa�zor�a �si�iala�, B1' KARA CHALMERS he draft environmental-impact report for the.Mountain Winery's conditiona(-use permit and archi- tectural and site approval(ASA) applications have caused quite a stir in.Saratoga and led the city to ask for an extension of the review and cornment period, so that it mig}it exp�ore the feasibility of annexing the winery. 1VTayor Stan Bogosian on Dec. 2 summa- rized the council's conclusions on the draft EIR at the report's hearing before the coun- n' P Commission. T1�e previous night at the City Council meeting, he collected input from residents, community-develop- ment directorJaines Waigrea and members of the Parks and Recreation, Pianning and Public Safety commissions about what to include in his response to the county. �Some City Coun� members and residents b�lieve the draft EIR is ambiguous, espe- cially where it purports to address current conditions at the winery orfuture expar�s�on. The report was prepared by a consultant selected by Santa Clara County. It is intended to outline potentia) effects of the proposed use permit and ASA and lists mitigation measures for those effecis. The use permit and ASq �,ouid legalize the type of events held at the winery for more than 40 years, such as the concert series, and would not allow any new uses. Accordingiothecountyzoningordinance, P[ease turn to poge 12 �i�e� Eg� Continued fiom page 1 the winery's Hillside zoning allows the uses occurring at the Winery, as long as it has a conditional-use permit from the county. According to the EIR, any environmental impact of the winery can be mitigated to the point that it is insignificant. "The condifional-use permit, we believe, should cover the current uses of this prop- erty," Bogosian told counry planning com- missioners. "An expansion is the proper subject for an additional conditional-use permit, although expansion and the impli- cations of that were discussed in this EIR" Bogosian also summarized Saratoga residents' concerns and said that while the city respects and values the concertvenue at the Mountain Winery, the uses' impact, such as traffic and noise, almost exclusive- ly affect Saratoga. Only 75 acres of the 580-acre mountain winery property is within Saratoga city limits, but most of the winery's�neighbors are Saratogans. He said council membeis would like the comment period extended from Dec.15 to Jan.15, so they can loolcinto the feasibili- ty of annexing the winery to Saratoga. Also; the council wants to take more testi- mony on some of the concerns brought up at the council meeting. "I uuly believe that annexation may be the best way to go," Bogosian said. "It would more directly meet the needs of the people of the city and more efficiendy meet the interests of the developer of the property." 'The commission recommended that the comment period be extended one month, as Bogosian had requested. The decision is up to county Planning D'uector Ann Draper, who could not say when she will make that decision. At the council meeting Dec. l., council members and one resident, Rick Denton. commended ihe owners of the Mountain Winery for being responsive to many con- cerns of the neighbors since they took over the property. But oouncil membecs and res- idents noted shortcomings they saw in the draft EIR, such as in the traffic study section. "I think their aaalysis of traffic and staff loading for various events are grossly in error," Council member Evan Baker said, and many residents echced his sentiments. "And therefore warped traffic circulation impacts, so I can't consider it to be valid." Kristine Syskovuski, project manager for the winery, said she has confidence in the consultant the counry chose to prepare the EIR, when asked how she would respond to allegations of the trafficstudy's inadequary. The roads most affected by winery-asso- Please turn to page 14 ��r 1 ��ne� E�1� Continued fiom pnge IZ ciated traffic (such as pierce Road, the main access road to the winery) are in Saratoga. According to the traffic impact analysis in the EIR, the intersections of roads near the property would not be affected during peak traffichours by trafficassociated �'vich �e `�erY• And the proposed expansion of concert seating would not significantly affect the local roadway system, at least with 1999 condiuons, according to the EIdt. Saratoga Planning Commiss;oner Lisa Kui'asch said at the Dec. l council meeting that the traffic study was done in the fall, the off-season for the winery. The traffic study in the EIR is irrelevant, said resident William grooks. He said the analysis studied not only the wrong season, but aLso the wroag hour and the wrong day. Dennis paboojian of the Saratoga Trail Enthusiasts noted the failure of the EIit to adilress the winery's impact on trails in Saratoga, especially �,raiJs that cross �ierce Road. He and other members of the group recommended that development�of the trails should be a mitigation measure for the winery'S uses. �mmon sentiment echo��hrou gh out the night was confusion. While the draft EIR is intended only to legalize cur- rent activities, it discusses expansion and improvements initiated by a previous owner, the details of which are not final. Winery owners have no set plans for expansion, but are proposing an increase in the ntunber of seats in the concert bowl from I,750 to 2,500, new performer bun- galows and relocation of the kitchen, which means expanding the w build- ing by 1,500 square feet. But even if the use permit and site approval applications are approved, winery owners will have to go fhrough an architecture and site approval again for any expansion. "This dosument mixed the CUP with the forward-thinking, forward-looking, pre-approving of the architectural and site approval for its increase in usage, and it really disturbed me," Council member Ann Waltonsmithsaid. County planni�g Duector Ann Draper said the next step is to look at state code regarding extensions, and ensure compli- ance with it. She said that because consid= eration of annexation is an independent issue, an extended comment period will have no effect on that issue. However� she said that an extension might be worth- evhile if Saratoga has other concerns. �J I i 1 t�; ,.I 1 c�> c"' 1, 1 l 1,"'. �.i I 1 C' Less commercial �oning wil! cut into the city's finances By Kaw+ cH�uHms S tao Bogosian, who has served as acting mayor of Sazatogasince Jim Shaw died in August, was officially appointed to the post at the City Council meeting on Dec. l.'Ihe council elected John Mehaffey as vice mayor. Out of respect for Shaw, Bogosian hati asred that the council wait until now to appoint him mayor. I think 6e'll continue to do an excellent job. I'm strongly in support of his program," said Council member Evan Baker, who noted that Bogosian felt svongly about remaining mayor pro tem until the end of Shaw's term. Bogosian outlined plaas for the coming year, which include extending Measure G to apply to commercial zoning disvicts as a ballot mea- sure to be placed before voters in the Novem- ber 2000 elecdon. If this ballot measure passes, it would mean that a proposal to c2�ange a com- mercially zoned area to a residential area would have to be approved by voters. "Over the past few years, the erosion of e=isting commercial zoning districts in the form of conversion to residential uses has accelerated to the point that I beGeve the via- biGty of commercial activity in our dry is seri- ously threatened," he said. "We deserve, and our citizens expecCquality facilities to serve the community." Mehaffey, upon being swom in as vice mayor, said that he applauds Bogosian's ini- tiatives. "I think over the next year, I agree we clearly need to pay attention to the infrastruc- ture here in Saratoga," he said. "T6ere is incredible high pressure from developecs and landowners to build houses wherever there is a few square inches of land to put it on. We really need to resist that if we can to maintain our commcrcial districu and our professional and of6ce space. People who live here want to have places to go." Mehaffey said he agrees with Bogosian's proposed extension to measure G. "I think that the voters are the ones who really have a stake in it," he said. "It s6ouldn't be up to the City Council and developeis with a lot of money to decide." Bogosian and Shaw ran for and won council seats in 1996 and the posts of mayor and vice mayor in 1998. Bogosian said he and S6aw shared the same vision for Saratoga. Most importandy, they worked together on the Measure G campaign, the Neighborhood Preservation Initiative. Bogosian said their support of ineasure G helped them win the support of Saratogans. He told the S�RwTOGw News t6at the suc- cess of Measure G exceeded his expectations and is part of the reason he now wants to eatend the measure to apply to commercial areas. Bogosian also said he thinks he has made good on his 1996 campaign promise to implement Measure G for the citivas. In 1998, Bogosian and Shaw pushed to change the Pho�o6nph by Dai Sugnno Stan Bogosian, Saratoga's nea mayor, still lives in the house where he grew up. implementation of Measure G, to provide that an applicant go through the planning process before going direcdy to an election. "It made a lot more sense in terms of t6e spirit of Measure G and the intention of it," he said. "If it went the other way, it would really defeat the whole purpose of the initiative." Bogosian, 47, grew up in the same house on L.omita Avenue where he and his wife, Sue, Gve today with theirdog and four cats. He has tived almost all his life in Sazatoga. Bogosian teac6- es traffic violationclasses part time forACC1'S, a consortium of community colleges for vaffic safety in Santa Clara County. He is the co- author of the curriculum and works on staff development there. Besides eaming a degree in politicx at UC–Santa Cnu, Bogosian's first foray into poGdcs was on the Saratoga Planing Commission from 1440 to 1993. "I had an opportunity to study political sci- ence, and I must say I did leam a lot about the t}istory, but your ficst day on eny kind of polit- ical job or a campaign, you're goiag to learn more in that first three hours than you did in that entire semester of classes." When elected to the city council in 1996, he vowed to make (Sty Hall more awessible to dt- izeru. Today, all City Council meetings and Planning Commission meetings are televised on communiry aocezs wble. The adjoumed Gry Council meetings are now 6eld in the commu- niry center rather than the administrative room, which is muc6 smaller and forced membets of the public to stand out m the hall, he said. This pact year, City Hall set up a website and is now working on a newsletter that is pro- posed to come out on a quarterly basis. "This partiailar couadl has been very wreful about allowing and providing and encouraging people to make pubGccomments," he said Among Bogosian's other proposals for the coming year include plans to direct the city manager to look into forming a Joint Powers quthority with other cities in the county to solve the playfields problem long-term. "I propose that the city pursue a joint pow- ers approach as a possible long-term solution to play6elds space needs; Bogosian said at the council meeling. He said he wants to direct the city manager to set up a meeting with repre- sentatives of West Valiey cities to explore a possible JPA for playfields within the region. "To have any success with this, we necd to get started now,"he said. For temporary playfields, Bogosian said he wants to continue looking at West Valley Col- lege and Sazatoga High School playfields, and hopefully set up an attangement with t6em while Congress Springs is being renovated. Bogosian also said he waats to bring Sarato- ga into compliance with California's low to moderate income housing requirements. "We must all think creatively to develop ways that we can meet the state's requirements," 6e said. "'Ihe alteroative is completely unacceptable— do nothing and seriously risk a costly lawsuit by the state of Califomia." Finally, Bogosian wants to wrap up the updating of the circulation element of t6e city's general plan, since he said traf5c is the number one problem in Saratoga. Bogosian, the City Council liaison to the library commission has becn involved with the library since the beginning of iu effort to expand. He says 6e is happy about the bond measure to renovate the Saratoga library and urges the council members to support it 100 percent. He said he also feels strongly about the need for a new 5re station because the existing one isseismically unsafe and cramped. In his personal lifc, Bogosian a aLso an ama- teur mineralogist with a collection from all over the country in his home: He just returned from a trip to Arizona over thanksgiving to the mining districts. He used to lead hikes for the Sierra Club and he hopes to do so again. He says that partly explains why preserving open space is important to him. /1F/'FNRFPR �000 C4R4T/1(:ANF�l'S 9 Saratoga Parks and Recreation Commission Meeting City Hall Administrative Offices 13 7 7 7 Fruitvale Avenue, Saratoga Monday, January 10, 2000 7:30pm REVISED AGENDA I. OrQanization A) Roll Call: Alberts, Clabeaux, Dodge, Fronczak, Ioannou, Olsen, Seroff B) Report on Posting of the Agenda: Pursuant to Government Code 54954.2 the agenda was properly posted on December 29, 1999. C) Approval of November 15 November 22, 1999 minutes. II. Administration A) Welcome and introduction of new Commission Members B) Attendance/Registration for March 15-18, Z000 California Pacific Southwest Recreation Park Training Conference in Ontario, CA C) Park Development Fund Finance Department Report III. Oral Written Communication (This section is for the public to speak on any item not on the agenda) IV. Old Business Action Matrix Items A-D listed below: A) Play Equipment for Gardiner Kevin Moran Park update. B) Parker Ranch Trail closure update. C) Mt. Eden Estates trails update. D) Bicycle Advisory Committee meeting on 12/7/99 update V. New Business A) Presentation by Teri Baron of Saratoga Trail Enthusiasts. B) Presentation by Mr. Dennis Paboojian of Saratoga Trail Enthusiasts regarding the granting of a trail section easement Mt. Eden Esta.tes. C) Piesentation by Matt Madison of Indoor Sports Network Corporation. D) Presentation by Dr. Kevin Skelly, Principal of Saratoga High School, regarding funding for the new aquatic center. E) Wildwood Park Review of play equipment Safety Issues raised by community. VI. Commissioner Staff Reports A) Commissioner Reports B) City Hall Update Staff liaison Cary Bloomquist C) Recreation Department Status Report Joan Pisani VII. Adjournment