The district filed an appeal of the decision to the council Oct. 10 on the grounds that the commissioners voted arbitrarily and not in accordance with the requirements of the city-district litigation settlement, fire district attorney Hal Toppel said. The council could hear the issue at either an emergency session Oct. 30 or at its regular Nov. 6 meeting, district Chief Ernie Kraule said. But most agreed that, whatever the commission's decision, it would have been appealed to the city council by one party or another.

Because it rejected the station plans, the commission did not take action on a separate item to recommend that the city vacate an easement along an alleyway adjacent to the station, which would have been necessary for the district to build its proposed station.

The heated yet civil meeting was like a larger version of the commission's first meeting of its reconsideration of the fire station plans, held Sept. 25. That meeting outlined the district's plan as the commission prepared to decide on a new version of what the city council rejected more than a year ago, which was followed by the district's lawsuit against the city. The commission last week clearly struggled with how to make its design-review consideration within the parameters of the July settlement agreement, and commissioner Mike Garakani even stated he would not be restricted by the settlement in his decision.

Most of the commissioners, including those who voted yes on the plan—commissioners Jill Hunter, George Roupe and Ruchi Zutshi—as well as two of those who voted no—Cynthia Barrie and Garakani—said they generally liked the design of the new building. Commission vice chairwoman Lisa Kurasch, leading the public hearing in place of recused chairwoman Erna Jackman, said she was concerned about the building's bulk and mass on the important Saratoga Avenue-Saratoga­Los Gatos Road corner.

Other issues beyond the design of the building, however, led to the plan's defeat. Garakani's major concern was about the traffic circulation within the new station's parking lot, and he said he would prefer that the district use the entire Contempo building site to provide a better configuration of parking spaces both for its use and for the 10 public spaces it must provide.

The district intended to raze the Contempo building, construct parking to meet its requirements on 60 percent of it and sell the remaining 40 percent to the Saratoga Federated Church, which would use it for parking and also as street access for its existing parking lot. The advantages to that arrangement, district representatives said, are that vehicles no longer have to go through the Village Green neighborhood when they leave the church lot. Additionally, the sale of the property could help the district pay for its project, the costs of which are growing beyond the $6 million it has from a 2000 voter-approved bond.

Barrie's largest concern was about the adjacent Village Green neighborhood, particularly about its reports in the public hearing and in an email sent earlier in the week that it hadn't been included in the fire district's plans, something that the council had asked the district to do. Village Green Neighborhood Association co-presidents Denise Michel and Meg Caldwell said that while the district may have thought it was acting in the neighbors' interest, it wasn't—they hadn't been invited to discuss the issue, and the final plan didn't meet their needs.

Most of those needs revolved around the construction of the station and its temporary location—modular buildings on the Contempo site. The neighbors want to make sure that all construction vehicles and workers aren't allowed to park in the neighborhoods. While the fire district stated that that was part of its intention and that it was willing to be held to those conditions for approval, a resident construction contractor expressed doubts about the feasibility of the district's plan.

Following a proposal from Toppel, Roupe proposed a motion with a condition that the district work out a construction plan with the neighbors, to then be brought back to the commission before the district receives its building permits. Barrie opposed that condition, preferring that the district work that arrangement out with the neighborhood before the commission approves the whole plan. The motion, with the condition, failed.

The commission was also concerned about buy-in from the station's nearest neighbors and stakeholders. The post office, which owns property between the district's corner site and Contempo site, had expressed support for the district's plan at the previous commission meeting. That support, however, was contingent on its five diagonal parking spaces on Saratoga Avenue remaining unaffected by any changes in the road's striping, a city project ancillary to the district's construction project.

The issue of the five parking spaces was barely raised Oct. 9, however, as the commission pointed out that changes the district had made regarding vehicle access to the post office's drop box—which would require cars to stack up rather than leave room for one to drive past another—had not been reviewed by the post office. It said it would need the post office to have reviewed the plans and submit a letter stating its support for the project before the district could have its final approval. That condition, coupled with required letters of support from Caltrans and other stakeholders, was also included in the rejected motion.

Traffic circulation both within and without the station's property was the other significant issue. A traffic engineer from traffic consultant Fehr & Peers, Associates, said the district's proposed parking lot circulation wasn't ideal but it could be done. But Garakani said he wasn't satisfied with the district's plan and thought it should use more of its property toward providing better parking access. A condition for working a better circulation plan was also included in the failed motion.

The neighborhood association's Michel also said that the fire district's plan for access into the parking lot off Saratoga­Los Gatos Road, with a possible left turn into the lot from the Los Gatos-bound direction, would instead encourage drivers to drive through the neighborhoods. They would avoid that tricky turn by turning left onto Saratoga Avenue, then right onto Park Place, onto Oak Place and onto Saratoga­Los Gatos Road, poised to turn right into the parking lot, she said.

Roupe pointed out that drivers wouldn't have to go all the way around on Park Place to access the parking lot—they could use the alleyway between the station and post office off Saratoga Avenue that leads directly into the lot, he said. Also, community development director Tom Sullivan said, the neighborhood is most concerned about cut-through commuter traffic, and that is being dealt with by the city's traffic management program.

Other Saratogans expressed concern about the district's plan. Don Whetstone, who owns property across the street from the fire station, said he wasn't pleased that the district was being exempted from two of its setback requirements, expressing doubt that he would receive similar treatment. Aaron Katz, who sent two lengthy letters of opposition to the commission, said the district shouldn't be allowed to sell the Contempo site but should rather build two less massive buildings on both sites, in a plan that he said would solve numerous problems.

Former city councilman Victor Monia said the commissioners should be "leaders" and force the district to use a better site for its station; he recommended the Heritage Orchard as the best location. And David Dolloff, representing FACT, said neither the commission or the community could trust the district: "Do not take a leap of faith with these people," he said.

Federated Church representative Arvin Engleson said he supported the plan and confirmed that the church has every intention of purchasing the remaining Contempo land and using it for parking. Bob Egan, chairman of the district's board of trustees, said the district has complied with all of the council's and neighbor's requirements and that the new design is ready and needs approval. And Kraule said that location is the best location for the station and that the district is prepared to work with the neighbors to make sure all their continuing concerns are met.