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HomeMy WebLinkAbout05-02-1979 City Council Minutes E_S' SARATOGA CITY COUI CIL TIME: Wednesday, May 2, 1979 - 7:30 P.M. PLACE Saratoga City Council Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Regular Meeting AGENDA -I ACTION TAKEN I. ORGANIZATION ORGANIZATION A. ROLL CALL Present: Callon, Corr, Kalb Kraus .-~. - Absent: Matteoni arrived 7:40 P.M.) B. MINUTES Kalb: Page 7, item VIII-C(2) , action should be consolidated into one motion. Kraus: P~ge 1, item II-B(2), complete sentence to read: "traffic control signs on Oak Street and Saratoga-LOs Gatos Road.'~ M/S: Corr/Kalb approval of the minutes of April 18, 1979, as ~'~' (~ti'~[e~{~.~7-,'C~%~i~.7 unanimous ly. 'U II. CO%~UNICATIONS CO~{UNICATIONS A. B. %'~ITTEN ~?!,~Ir=.JMrs. 'Fred Hill, Council concensus to establish 2020'I~Cherry Lane.. specific pickup dates. City =~ i~ '~ Manager to co~unicate with 2. Dr./Mrs. J7 H~leblian, Green Valley Disposal, and also, 12044 Saraglen Court. complaintants. 3. Mr./Mrs. Gary Fariss, 1.8983 Saratoga Glen Place. 4. Mrs. Colleen Petersen, 19000 Saratoga Glen Place. II. COMMUNICATIONS cont' d. ) ~ COIiMUN~CATIONS B. WRITTEN 5. Roger K. Wedel, Comm~ittee of the Whole Meeting 12087 Kristy Lane, re- lto be.s'cheduled to discuss next questing Paul Masson .yearTs Marathon. City Manager Marathon be bettersorganize. :tO respond. but not restricted in size. : 6. Ms. Lorelei Herres, 'Referred to Parks and Recreation 20703 Maureen Way, Commission for review and recommen- dation. 7. James Cuthbertson, M.D. lReferred to Public Works staff 20555 Prospect' Road, for report back to Council. Cupertino, suggesting im- proved bikeways-.walkways, particularly Highway 85 III. SUBDIVISIONS, BUILDING SITES, SUBDIVISIONS, BUILDING SITES, ZONING REQUESTS ZONING REQUESTS A. TO CONSIDER APPEAL OF The Council reviewed staff report, PLANNING CO~ISSION dated'4i~9,~o~frihi~gZ~mmen- DECISION RE: DENIAL OF A USE PEm~IT TO ALLOW A TENNIS COURT AT 15168 4/26779, ~y_~be Di~b~! PIEDMONT DRIVE, UP-386 zInspection SerVig~,~Ufiln~g (GEORGE EAMPROS) Cont'd. information.relative to an alter- 4/18/79) Late proposed site for tennis court construction. Mayor Kraus indicated he would be opposed to granting this appeal, based on the necessity of removing a large number of trees on this property. M/S: Kalb/Matteoni to approve the upper location for the tennis court as Exhibit B-i, with condi- tions that the grading be minimized and cut and fill balanced;!~{~h~k'~_~7 importation of soil be considered for building a berm, and that suit- able landscaping be applied, at least on the sides facing neighbors, in addition to conditions as out- lined in Planning Staff Report, . dated 2/21/79 (a thru h), based on findings in this staff report. Motion carried 4 to 1, Mayor.Kraus in opposition. - 2 - AGENDA ACTION TAY~N IV. PETITIONS, ORDINANCES, J'PETITIONS, ORDINANCES, RESOLUTIONS RESOLUTIONS A. PETITION REQUEST FOR M/S: Matteoni/Co~r to accept. TEMPORARY HALT TO DEVELOP- ~the petitions and refer. them to MENT THAT WOULD ·AFFECT .staff for review and consideration TRAFFIC ON PIERCE ROAD Zalong with the E.I.R. relative to · traffic circulation in this area, ~i[h7 ~ficipated review of the E.I.R. on June 6, 1979, and if not avail- able, a report ~elative to status !of the petitions.at that time. Carried unanimously. B. OP~INANCE NS-3.43 (2nd ~Councilman Kalb suggested modified reading) wording in the second paragraph of :proposed resolution, to read: AN ORDINANCE AJ-~NDING "No use shall be deemed acceptable ORDINANCE NS-3, THE ZONING Which places a focus of commercial ORDINANCE, BY AMENDING THE ·activity onto Saratoga Avenue, or ZONING ~tAP ~otherwise causes a departure from the generall'y residential appearing · Resolution 897, A !atmosphere now present, nor'shall Resolution of the City traffic from any such development Council, City of Saratoga, ~access directly onto Saratoga Establishing Policy for ~Avenue." Location of CommerCial ~ Uses.along Saratoga Ave. l'Mayor Kraus indicated he has diffi- I~aere OtherWise Permitted culty thinking that_some future by Use Permit in Commer- .City Council~_~'~fpoli~l~l'~y~be cial Zones in Areas Genral able to deal witHth~ isSUe'hi Planned PD Mix commercial zoning on Saratoga Avenue, regardless of how resi- " dential it is made to look. · M/S: Corr/Matteoni to adopt Resolution 897,~aS aYn~n~d-.-j.~ '~f~' '~' ~i~' Councilman M/S: Corr/Matteoni tO adopt Ordinance NS-3.43, and waive the reading. Car.ried unanimously. C. ORDINANCE 3~.95 ~ M/S: Matteoni/Callon to introduce Ordinanqe 38.95'~nd waive the AN ORDINANCE OF THE CITY OF readlng'. Carried unanimously. SARATOGA AMENDING ARTICLE II OF CHAPTER 9 OF THE SARATOC~ CITY CODE, CREATINGCO~YER~ CIAL LOADING ZONE ON FOURTH STREET D. MINUTE RESOLUTION INDICATING M/S: -.'~~'to indicate the CITY'S INTENT TO SELL 877 City of Saratoga's interest in -~Q~'i~.~'~'~ROP~.~T~'~T the intent to sell this pr?perty. WILDWOOD PARK ........... Carried unanimously. - 3 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER· Mr. Robinson, Plan~ing.Director, APPEAL BY DR.'HEINRICH E. presented staff report, dated HUNZIKER RELATIVE TO INCON- 4/12/79, which recommends denial SISTENCY WITH THE SARATOGA of this appeal. GENERAL PLAN ON TENTATIVE MAP APPROVAL FOR .SD-1355~ Councilman Matteoni indicated his (HEBER TEERLINK, MT. EDEN intention to abstain in this ROAD.' matter, due to the fact he is presently-associated with Mr. -Teerlink fn a court trial. The Mayor opened the public hearing at 8:40 P.M. Heinrich Hunziker, 13925 Pierce Road, addressed the Council. Item number 2'of the appeal, the hill on the corner of Pierce and Mt. Eden Road, The contention was that this turnaround would deface this hillside. This is an ideal example of something the Hillside Conservation Ordinance tries to avoid. As pointed out, this turnaround requires a very large hQle to be cut. in this hillside -- he has measured the slope, and it is 30 percent. He has also corrected in a recent co~.m!n.~i~6~t%on his contention of a 1 to 1 ~B~e, which was due toa mis-reading' of the map. Mr. Hunziker ~ommented he believe~ this is a test case of whether we are serious, with the passage of the Hillside Conservation Ordinance, · that we won't preserve the natural 'topography and go out of our way to do things we would not ordinarily do to avoid defacement of the natural topography. Mr. Hunziker pre~ented photographs of 7 views from 7 different points in the valley where the hillside 'can~be se~n;. ~he reason more people did not speak out on this issue is that many residents did not know this turnaround was going to be built -- · others are developers themselves. He further commented he does not believe the Council should be satisfied with the staff saying, .· "It can't be done in any other way." He would urge they ask for another'alternative. 4 - AGENDA ACTION TAKEN' V. 'PUBLIC HEARINGS (cont'd.) PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER ~f~(~,~i~ic~u~r - cont' d. ) APPEAL BY DR. HEWNRICH E. HUNZIKER RELATIVE TO INCON- The other point about Pierce is SISTENCY WITH THE SAP~ATOGA , the so-called "rural" development. GENERAL PLAN ON TENTATIVE Developers are required to improve MAP APPROVAL FOR SD-1355 traffic conditions -- both for (HEBER TEERLINK, ~ff. EDEN pedestrians and for cars -- along ROAD) 'their properties. In accordinance with this, Mr. Teerlink is being (Heinrich-Hunziker - cont'd.) required to provide sidewalks and ........ ~ streets along his subdivision. .-~he repor%~h~g~up some At the Planning Commission meeting points'~B0ut Pierce Road ..:..~-~-~ of March 14 when the Subdivision one is Pierce Road i~p~ove~ ~'~ was approved, Mr. Teerlink was ments. The Nolte report relieved from providing ~idewalks states that the obstacles and and street lights. Mr. Hunziker hazards of th~ roadside even ~ indicated he would contend that more critical than the volume. the traffic and pede.strian safety He stated-that pierc~ Roa~ is .along that-property is a very very'marginal now~ and what' minor problem of this subdivision. he contends is that the new The major problem is the access deyelopment where-the {mpact' road -- Pierce Road. He 5elieves' report says that the com= if the developer is relieved from .bined DeMarti~i and the responsibility of providing Teerlink developments are sidewalks and street lights along allowed 40 perdent of the this property because there is a traffic up Pierce Road. "rural environment", he should be conditioned to at least spend the Mr. Hunziker commented that same amount of money on relieving if the Council accepts this the other half of his conditions Subdivision Map, it has of the rural environment, which essentially tied its hands; are the very bad hazards on Pierce the Council is bound to Road. accept the recommendation of the No~te Report and make The other point he would like to improvements on Pierce in bring up is the annexation of the magnitude'of one-half county land. A portion of the million dollars. He believes Teerlink subdivision is presently the Council has essentially in the County and is zoned pre-empted its decision in "Agricultural". It would have to accepting the recommendations be annexed to the City to make 'of the Nolte Report.' development possible in the way it is now proposed -- it is He indicated he would also presently outside of the city like to point out that these' limits. improvements have to be in place before construction The environmental impact report starts, as during the con- of the Teerlink development states struction period, the on page 3, "It does not appear traffic will be more serious. likely ~hat increased revenues The question is, "Why should will cover increased costs.!' Here the City of Saratoga spend the City is faced with the possi- one-half million dollars on bility that this development will improving Pierce Road just be a financial loss to Saratoga, to make it possible to allow and'the taxpayers of Saratoga are Mr. Teerlink to profit from going to subsidize this subdivision. the sale of his land?" - 5 - · AGENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd. PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER!~ (Tom Lawrence - cont'd. TM ) APPEAL BY DR. HEIrRICH E. HUNZIKER REtATIVE~TO INCON~ He,also read. the 'environmental SISTENCY WITH THE SARATOGA 'impact report on ~he Prentice GENERAL PLAN ON TENTATIVE ~Corporation and the recent study ~P APPROVAL FOR SD-.t355 i-on Water.Project 78-1. They all · (HEBER TEERLINK, MT~ EDEN· 'go b~dk to'the same basic '77 ROAD) traffic counts, and none of them ~..~:_ .... ~.~.= ......... have to consider the effects of (Hei~h-~Hunziker = cont'd.) L.~ach other. He believes before ...... ~' ~----~--~'~'~:~ '-~the City starts granting tentative Add~i~bnally, ~ Hunziker :~t/~ map approvals, it should consider stated he believes annexation, the effect of all of them. In in this case, would create a lreading the source of those '77 very bad precedent. Further, i traffic counts, he noted an accident he mentioned the alternative ~Cgti0n~rveillance report which of no annexation was~so men- ~l~'6~'Sh~'~Ined accident rates for .tioned~'~l~e~f~.~I~!the~ all streets in Saratoga, Henoticed ~~t~l,~i~c~p~'~ :Pierce Road had about the highest ~n~d~'6'~id~'~uce the visual 'rates, particularly the section impact. rfrom Congress Springs to Mt. Eden. ' :He suggested that before the He stated a number of resi-' !Council starts granting tentative dents are concerned about .map approvals, i~ should consider the negative impact of this the effect of all developments on development --.they have no traffic volume and on accident financial gain in this. On :rates, and see what improvements the other hand, the developer .are going to need to be made be- has a very large financial cause of the development so the stake. For example, he would !developers can pay for them, like to mention Mr. Teerlink has obtained a.court order THe stated that Dr. Hunziker had to take the testimony of Mr. .mentioned Mr. Teerlink did not Hunziker. The reason he gave ·have to put in any sidewalks to obtain this court order around his property because of·the is that he expects to be rural nature. He pointed out there plaintiff in legal action . are some nice looking asphalt paths against the City Council of on Los Gatos-Saratoga Road which Saratoga. would fit in quite well, and would give the pedestrians a way to escape The City Attorney explained 7the traffic. that Mr. Teerlinktook Mr. Hunziker's deposition after Mrs. Hunziker, 13925 Pierce Road, this appeal had been filed, ,commented'she is really worried and he did so for the purpose about additional construction of committing to writing in traffic. There would be at least booklet form all of Dr~ 5 workers per house, each one Hunziker's reasons. However, driving his own truck. She does this is not before the Council not feel the residents should be this evening, exposed.to this noise. commented that he has two con- ~ertai~i~.~0:]~n~? cerns about this tentative ma~ S~'~l~I~S~fhYe~!~ commented approval. The first relates to' relative 'to the social impact . . . the General Plan requirement '%~o has the money to buy $300,000 that land use be related to to $400,000 homes? This requires existing street capacities·, and both parents to work,'leaving the the effect of this development kids withT.V., and this will lead on Pierce Road. to other problems." - 6 - · ~GENDA ' ACTION TAKEN o V. PUBLIC HE~RING~ (cont'd.) 'PUBLIC HEARINGS (William Keller ont'd. ) HUNZIKER RELATIVE TO INCON- that an environmental impact report SISTENCY WITH THE SARATOGA for another development recommended GENERAL PLAN ON TENTATIVE to build a fire station. MAP APPROVAL FOR SD-1355 (HEBER TEERLINK, M~. EDEN Mr, Keller further ~ommented relative ROAD) to liability to the City, and according to the traffic reports, Crark Davis, 21820 Via Regina, the City's liability has increased inquired, "What about. the 43 ten-fold. He inquired if the City trees which the traffic re- is going.to be self-insured in-the port says needs to be taken future, and'if so, there can be down to widen Pierce Road at law suits. to the City and the tax- its narrowest point so it. payer'is going to pay. can handle the traffic?" He-stated.the City hasn't He indicated he believes all decided what the-:response.~o environmental impact reports h?ve the traffic report is going to be pgt together into one big to be, and yet, they are environmental impact report for the giving building permits to whole city. people to build houses which will greatly increase traffic. Connie Lawrence, 21823 Via Regina, presented additional petitions on Mayor Kraus indicated as he this issue.' She explained those understands the ~tudy, there who signed the petitions are people is work that. should be done who are deeply concerned about this on Pierce Road, whether or ~oad. not this development goes in. Sh~ commented that in the General Mr. Davis commented he does Plan, it states on page 15, item 11, not feel things are being "%o protect Saratoga residents' from done in the order'they should excessive noise." Relative to this be. Also,'he does not feel statement, she made the following tearing do~ca the trees is in ' points: order with pag~ 14 of the a) The volume ~f traffic that Gen'erat Plan.( would be caused by this develop- -~ ment and developments in the ~Th~Y~..W'~"~ ~th r comment in n e near future would cause excessive the General Plan about bi- noise to the residents. cycle and foot trails, and he would invite any one on b) Three home~ built next to the Council to experience the theirs two yea~s ago resulted thrill of riding a bicycle in two weeks solid of.bull-~ down Pierce Road. dozers from 7:00 A.M. to 9:00 P.M. She would ask that the Council con- Willem 4-~f~li'eer. 21842 Via sider some kind. of'ordinance.for Regina, indicated his parti~ future building in Saratoga, for cular concern is fire hazard. instance construction between 9:00 A.M. There are many more houses to to 5:00 P.M. and not on weekends be served in this development ' ' by the fire station. The Her second point speaks to the environmental impact report General Plan,, and it also is on mentions this fire hazard, page 15, it'em 3, under "Circulation". but it is not really taken It reads, "To protect thp'rural care_of..~- He Rointed, out quality of Saratoga through street ~--1 - ~[!~?:'r:..-77_~:_'.~{~.% design and landscaping. To strive ~ -:,<-.~=~-~l~~:~.,,~ f~r aesthetically pleasing views' ~GENDA" I'~CTiON TAKEN V. PUBLIC HEARINGS (cont'd.) PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER' (Andrew Morrison - cont'd.) APPEAL BY DR. HEINRICH E. : HUNZIKER RELATIVE TO INCON- Regarding the comment that Pierce SISTENCY WITH THE SARATOGA Road is.allegedly dangerous, the GENERAL PLAN ON TENTATIVE road is not dangerous-= it is the ~P APPROVAL FOR SD-1355 drivers that are dangerous. He (HEBER TEERLINK, ~. EDEN !would not want to see any improve- ROAD) ment to this road that would fencourage other people to use it (Connie Lawrence - cont'do) as a detour around downtown. from all of the roads in .Mr. Morrison commented he would Saratoga." She feels that to also agree with the previous take dgwn one tree on Pierce Speaker's statement relative to Road would go directly against the sound in that part of the the General Plan. danyon. Third point: They live in a ~,~i~e~ Sul{i~an,"r~3~ee~E['ROad, box canyon, and th~ gasoline i. indi~at~'d=-that'~i~h~i~'eH~-~ast~ pollution caused by the in- ~7'W~k~h'~h~d~'S'f8~inch crease of traffic in this rTd~d~'f~l~'~l~'~'twice by develop and others would be drunk drivers. Also,.we are detrimental to their health. approaching the summer months when the Santa Cruz Transit Company She offerred th'e following will be passing through Pierce ~i~t=i~:~;~"~"'=?'~'~7~ Road with those large buses.~ that ~ ~ ~run every single weekend from a) Consider lowering the about 10:00 A.M. to 11:00 P.M. speed limit on Pierce. He does not see any ~eason why b) For every tree that they can't go'through Saratoga has to go, take down Village. Mr. Sullivan further pointed out this road in very telephOne.poles and put condusive to sports cars, and the wires underground. residents on Pierce Road find this COuncilman Matteoni inquired kind of driving objectionable. He what the receptiveness would agrees that the speed limit should be to a traffic device where- be reduced before any more sub- by at each end of the bridge divisions or tentative maps are it says, "One Car at a .Time" granted. Also, he agrees that a total environmental impact study,i making each oncoming car should be done. stop, and serve to slow down traffic. Dora Grems, 13451 Old Oak Way, stated they live between two of Mrs. Lawrence indicated-she would support t~is idea. · th'e bridges; and they have to exit onto ~ierce-Road between .two .. Andrew Morrison,'13781 bridges. Pierce Road, indicated he ...... believes some percentage In one of.theIE.I.iR.'S, it stated of traff{c on that road .~ a fire:truck needs'9 feet of.pave- ment. She stated that a construction are people heading for Big truck with a dumster behind it would Basin. He is of the opinion need more than 9 feet of pavement. any improvements made to Also, she pointed out there will that road will encourage be more moving vans, and they will the use of the road'as a by- pass around Saratoga. There- be there even before the improve- merits. fore, he would be against any improvement on Pierce Road Mrs. Grems commented'that people have addressed 40 percent additional 8 - AGENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd.) PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER (Vince Garrod - cont'd.) APPEAL BY DR. HEINRICH E. HUNZIKER RELATIVE TO INCON- 2) The tentative subdivisioA map SISTENCY WITH THE SARATOGA which is being appealed is GENERAL PLAN ON TENTATIVE in conformance with the ~P APPROVAL FOR SD-1355 General Plan, (HEBER TEERLINK, MT. EDEN ROAD) He commented that he agrees that houses change the contour of your (Dora Grems - cont'd.) view~ but they aren'tbad, Houses are'things that people drive from Teerlink, De Martini, and around to look at; they are ~hings Parnas. She believes the that make a community beautiful. Parnas E.I.R, alone'says 41" percent increase, and she wouh Mr. Garrod stated that the heavy guage from the number of homes traffic on Pierce and Mt. Eden that Teerlink-De Martini would Road is not between 7:00 and 8:00 be 40 percent increase. That · A.M. or between '5:00 and 7:00 P.M.; is 80 percent increase, just~ it is probably heavier on any above Mt. Eden. Therefore, weekend~ especially during the she would agree that we do summer~ When adding up the impact need an overall plan. of this~ you ge~ the total increase in traffic of not 40 percent~ but Mrs. Grems indicated when she' rather~ 4 percent, The significant talked to Mr. Beyer and Mr. thing about the road is that it Wimberly on Friday, the dates isn't at capacity -- the significant she was given for completion thing about the appeal is that it of the reports was sometime is proper; however~ the decision this fall, and not next month. made by the staff is also proper~ and he would like'the Council to Vince Garrod, 22600 Mt. Eden support it~ . Road, commented that Pierce Road is only 3 miles long, Mrs, Hunziker again addressed the and at 30 miles-per-hour, Council, inquired if the Council you can make it in 6 minutes; would allow her to open a restaurant at 20 miles~per-hour, it will on Pierce Road. take 7~ minutes; therefore, ' they are not talking .about any. Mayor Kraus replied he did not savings in time -- just drive' feel the City ~ould allow this~ a little slower~ Mrs. Hunziker inquired about the The General Plan in 1974 was t~a£fi~::~'aCt~s~'~e~i~:of~''~ ceived a lot of imput. He Jean WilkinSon, 21834 Via Regina~ believes the City Council indicated she is presently going when considering this appeal through this same process to sub~ should deny it for the divide inlthe~City of Mountain following reasons: View.' She'wonders if there have to be'neW roads put in, do the 1) The subdivision as pro- developers have any'responsibility posed fulfills'.the . financially, and ~ere does this General Plan,'the pur- money come 'from? poses of planning,~and fulfills the'reasons Mayor Kraus replied that the report for this city -- to . from Nol~e provide a place' for~ this inforr~t'i~h: ..... people to live.' AGENDA ACTION TAKEN V." PUBLIC HEARINGS (dont'd.) ~' PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER (David Landness - cont'd. APPEAL BY DR. HEINRICH E. ' HUNZIKER RELATIVE TO INCON- or the road is going to have to be SISTENCY WITH THE SARATOGA lchanged to a greater extent. GENERAL PLAN ON TENTATIVE MAP APPROVAL FOR SD-1355 !Mr. Landness commented thai regard- (HEBER TEERLINK, ~ff. EDEN i less of whether or not Pierce Road ROAD) ~iis safe or.unsafe, the people who ' 'live-and want to develop Mt. Eden Lowell Morris, o~zner 'of property Valley should be entitled to do so. at 21999 Mt.. Eden Road, indi- Also., the people who live on Pierce cated he would~like to go on Road are going~to'have to put up ~ecord as beiHg in favor of ..~ 'with a'certain'amount of this develop- the propos.ed development.' ~ment. j~a~k~_e_~'~t~e_'--C~rlli_~__. I~t~.~.ik~into accoun.E the effe~t'-~is q~Ve~Fe~e~"~jer~ 1'3415 pierce ]~'~ffic-i~' ~"~'h~'~P'{&rce ~ R6a~,' comme~te'd' that he ;and '.. '~R0i~ ~5'~'i~L:~_~a~ do~nreh'~'~ine~f~ his wife searched for three "'~ ............... ~ years for~_a place to live Tange Walker, 21999 Mt. Eden Road, where they don't have to look coFmented that she believes Pierce at roof tops. Secondly, they Road is not a safe road to drive, have had 7 accidents in front and there'are a lot of trees that of their home, which is on one should go. She indicated that if of the kinky corners wfth a she had a choice between seeing beautiful o~k tree whfch he some nice homes and nice streets does not want to lose. They and improvements of street lights, have had the low railings or leave the street the way it is, taken out nearly weekly, and she would choose.the improvements. this is from people who use .She feels that with the limitations the road as a short cut. which have ~een established and He commented that if we make the improvements that would come the road better, more ~eople subsequently, this would probably · . will use it;-~f more people be the most comfortable and safe use it, there will be more way to go for this area. accidents, and we will have to'improve.it and make it FredDurante, 13937 Pierce Road, wider, and it grows. If we indicated he is here on behalf of start putting in Subdivisions himself and his two neighbors -- and fences, the deer and Mr. Halsey and Mr. Carne. He racoons are going to move indicat.ed they are most directly away. involved with Mr. Teerlink's de- velopment since they are just David Landness, 21786 Via across the building and facing it. Regina, indicated he has no Mr. Durante stated that he dis- philosophicalobjection to cussed this with Mr. Teerlink; the development of Mt. Eden.. Mr. Teerlinkbrought out a map and He has only lived in the showed him what he is developing, area for 2 years, but he and told Mr. Durante to go talk believes there is going to with his engineer, Mr. Nelson. be development up there in He checked with Mr. Nelson and some way, shape, or form. found that everything is according to plan, and there is rimited access There are people.in this on Pierce and Mt. Eden Road. Also, room now, and people who it was brought up that a lot of will realize in the future people would not be taking Pierce that increased traffic is Road goin~ north, but would be going to have to be'controlled taking Pierce Road going west and to some extent on Pierce Road, connecting to Highway 9 and then going into Saratoga. - 10 - 'AGENDA "~CTION TAKEN V. PUBLId HEARINGS (cont'd.) PUBLIC HEARINGS A. DE NOVO HEARING'TO.CONSIDER (Don Va~ghn - cont'd.) rAPPEAL BY DR. HEINRICH E. HUNZIKER RELATIVE TO iNCON- and rather than looking at each SISTENCY WITH THE SARATOGA developer's submitted E.I.R., GENERAL PLAN ON TENTATIVE the City set their own standards I~LP APPROVAL FOR SD-1355 for that area of the city, and (HEBER TEERLINK, MT. EDEN the economics of those develop- ROAD) merits be judged as to whether or not they make a net contribution (Fred Durante - cont'd.') to the. City or whether.they repre- sent a net tax to the City. To be concentrating on Pierce Road as an obstacle to this Russ Crowther, Norada Court, development is limiting our- indicated he has two points with selves -~ we must consider reference to the General Plan. the other alternatives. a) Traffic - There is data in the city files that the Ann Wickham, 13621 Pierce Road, noise levels on Pierce are commented that they rescue presently above the city one person per week.-- usually ordinances and above the someone going fast, and not in speds in the General Plan. their area.- She would urge that we keep Pierce Road as it b) Flooding - Many people'are is, and the traffic will slow concerned about the flooding down~ effects. The increased run- Doug~I~:ughn, i3612''~=r~''~=''~'\ off from this, as well as V er ~ aqh ~ _Ct~, indicated in some c~nn~[i6ns other planned developments, will affect flooding. he has had with the staff at the City, there are ways to The General Plan also states in improve a road and its safety the open space section that the. without:necessarily attracting City will resolve how t~e cumula- more traffic or causing a tive effects of development will greater .n~mber of accidents. be handled with regard to floowing Things such as speed traps, before it proceeds ahead with one-way passages through further approvals. bridges, etc. Will ser~e'to ~ detour traffic that uses that Mrs. Hunziker again addressed the as an artery., It further ) Council,.-stating that it would will serve to .slow them dol~n, , be'interesting to ~ake a study and if you slow down the how many people' hav~ moved out traffic, you will proBably im- ~ after developing in the area. prove the safety. There are some of these improvements M/S: Corr/Kalb to close the public that can be made in the' way gf ' hearing. Carried unanimously. The slowing down traffic that public hearing was closed at 9:55 P.M. ~0n't necessarily involve -more major change.s'to the topo- Councilman Kalb: The dichotomy graphy on either Side Of Pierce is that we're annexing a hill Road. which is.~nd__e~lopable, and in doing so, we effectively increase Secondly, Mr.~aughn mentioned the density on the rest of the lot that he believes each piehe of by 7 homes. development should be measured against a standard of the city, Councilwoman Callon: It appears and the standard of the city that the decision is by some other should not only address the agency. General Plan, but it should ~fl"B~7[ho"~;'~'~L~t~ :" '~' City Manager: The .application is sh' fful an i~ct,, subject to existing city policy. - 111- AGENDA ACTION TAKEN V. PUBLIC [IEARINGS (cont ' d. ) PUBLIC HEARINGS A. DE NOVO HEARING TO CONSIDER APPEAL BY DR. HEINRICH E. HUNZIKER RELATIVE! TO INCON- SISTENCY WITH THE SARATOGA GENERAL PLAN ON TENTATIVE MAP APPROVAL FOR SD-1355 (HEBER TEERLINK, MT. EDEN ROAD) ?_-T~e Cbun~'iI~!discUssed s_uGh i~s="a's~v~sua=l~i~p.a~s, traffic noise, annexation ot 'land, ~,~.~t" accessibility to fire ~sr~ta~fons .-~ '~M~'Kr~s-shyges'tS'd"th-e-m~aa~ter] be continued until the report on the Nolte study has been re- ceived, and direct staff to respond to areas of concern as discussed this evening. M/S: Kalb/Corr to ~ontinue this item to, May 16. Carried unanimous, ly .. . . B. DE' NOVO HE~RING TO CON- .. .Mr. Robinson, Planning Director, SIDER APPEAL OF PLANNING .presented the staff report, dated CO~IiMISSION DECISION BY 4/11/79, relative to this appeal. HEBER TEERLINK RELATIVE TO SPECIFIC CONDIT~IONS He outlined the items of appeal, OF TENTATIVE ~IAP APPROVAL,! 'as follows: SD-1355 (HEBER TEERLINK, MT. EDEN ROAD) ZDepartment of Community Services 7VII-A - Dedicate and improve 15' ltrail easement adjacent to Mt. · Eden Road 7VII-B.- E ue trails to be ~ q .str~an fa minimum of 8 feet wide . .'Department of Public Works Note 1 Dedication and improvement requirements are to include the lentire frontage of APN 503-31-04. · Note 2 - The existing culverts on Mt. Eden are to be extended as necessary for street and walkway ifnprovement s. The Mayor opened the public hearing at 10:43 P.M. 12 - AGENDA ACTION TAKEN V. ~rP~LIC HEARINGS '(cont' d. ) C~ PUBLIC HEARINGS B. DE NOVO HEARING TO CON- 7Relative to widening of Mt. Eden SIDER APPEAL OF PLANNING 'Road, Mr. Teerlink commented that COMMISSION DECISION BY 'this road consists of about 120 HEBER TEERLINK RELATIVE l yards of frontage ' plus the TO SPECIFIC CONDITIONS l De Martini property. He stated OF TENTATIVE MAP APPROVAL, that he believes there should be FOR SD-1355 (HEBER · some improvementS, and he believes TEERLINK, MT. EDEN. ROAD) reveryone should~participate, He 7suggested the staff figure out what Heber Teerlink, 21810 Mount · the cost would be to put in a good Eden Road, pointed out that all 7solid asphalt road with barriers -- the hill area in this appli- 'like you see in every national cation is county. C~h~ir~~'~ forest; figure out the difference ~lf'~o~l'~reFB~i~g ~exed~~ l of the cost of concrete versus an h~'b~eI~-d~'~i~n~te'd as scenic intelligent ~sphalt that fits a easement. Technically,. th~ hillside; take the difference of county ordinance is less re- the cost of the new developments, strictive as fa'r as building and he believes Pierce Road could up t~ere than the city is. be improved to the satisfaction of Mr. Teerlink indicated he everyone. .He stated: "Don't let would gain one lot if he left the subdivider get the benefit of ~I) .?{t in the~_county. When:~h'e not having concrete, except for "~Y~'~V~s l~e~'B~6~gh~ .~~ ~_b the purpose of fixing up some of 'q=~do~y~ti~"~and~..~[{'~ the spots on Pierce Road." ~ti'i~{ties at the'~&ounty line, this is no longer zoned 20 fMr. Teerlink stated that; 1) We acres under the new county created a good hillside'-ordinance~' ordinance -- it then comes .2) He has' complied, aS has Mr~ under the urban service area. De Martini, who has been approved ~e hillside which go&s all and nobody appealed. Further, his the way to the top to Paul confo~s 'in every way to the Masson, was.intended to re- · General plan. The only thing that main as a scenic area, and has been determined is that maybe has been so desi~ated. there is a traffic problem. He One of the reasons to bring believes we need to ask, "~ere is it in is so the City can re- the traffic problem and how can it tain control and keep it in be solved by changing the General its 'present condition. Plan, i.e., my subdivision?" The traffic that comes out of StevenS With respect to 'the horse Creek Park and off of Highway 9 are trails, Mr. Teerlink had the hazards. suggesting having horse trails within 25 to 50 feet ~r, Teerlink commented that he~'ha~'='f of either side of the two ~Bh~r'~l~'g~.~g?s~ it maintainS' 'creeks. It became apparent a beah~i~f~l=Y~rai ar~L 'He Rointed out that not one part of his house that staff did not feel we should have the horse trails. can look over to any part of Mr. He indicated there are no Teerlink's ranch. He had re-desired dedicated horse on Via the entire s~bdivision to confo~ Regina, Pierce Road, or on with the reco~endations of staff. Mt. Eden Road. Further, he has complied 1,000 per- cent with an ordinance which we all He requested the staff re- ~orked hard on, and he doesn't view the fact that if there believe he should be denied his righ~ are no horse'trails, ~w~H8~_ for an 6rder!y development with the we need a horse trailq't~at'" General Plan merely because the~e is is going to ~o t50 yards on a traffic problem on Pierc~ Road. one side of Mr. Eden Road, which begins nowhere and -Connie Lawrence, 21823 Via Regina, ends nowhere --lan'd who iS co~ented if the development is going to maintain it. approved, she would like to see the homes that are decided upon be - 13'- AGENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd.) PUBLIC'HEARINGS B. DE NOVO HEARING-TO CON- (Vince Garrod - Cont'd.) SIDERAPPEAL OF PLANNING CO~q4ISSION DECISION BY He stated you can keep horses if HEBER TEERLINK RELATIVE 1) a small covered area; and 2) re- TO. SPECIFIC CONDITIONS quire that the horses be kept in OF TENTATIVE MAP APPROVAL there when the ground is wet. In FOR SD-1355 (HEBER this way, you will have.no adverse TEERLINK, MT. EDEN ROAD) impact on the land or serious 'erosion problems. (Connie Lawrence cont'd.) M/S: Callon/Corr'to close the allowed to have horses_ and thai public hearing. Carried. The there are horse trails along public hearing was closed at 11:10 P.M Mt. Eden. There.are very few ._ places left in Saratoga that The Council discussed the ~aatte~'j are equestrian areas. ~f't~trail e'asement and {~'" ~Sh~ec~ionto the County trail.ease- Willem Kohler, Via Regina, ment. They further. discussed the indicated he finds that Mr. matter of the culverts and widening Teerlink i~ addressing himself of the road. mostly to the first appeal concerning traffic, etc., and M/S: Kalb/Callon to refer back to what we are waitipg for is to the staff~Y~clarification of the find additional information on condition '[~lative to the trail traffic. He suggested we stop easement width, and submit a any further consideration of recor~nendation. Carried unanimously. this appeal until this infor- mation has been received. Kalb/Callon to deny the appeal on Publid Works Note 2 condition rela- Doug Baughn, Vaquero Court, tive to extending existing culverts commented it seems to him the on Mt. Eden Road. Carried unanimously. City Council has to decide whether or not they have M/S: Kalb/Corr to refer back to adequate processing machinery staff~fo~f~t~'~'~'d~l'~8~ks in the documents and the laws Note l~ondi~ion rel~[i~e ~o'~di- they have enacted to judge cation and improvement requirements. these subdivisions~ It can Carried unanimously. go on forever wherein the developer has to continue to Reports' to be.fgrthcoming at City' comply as new new things/are Council Meeting on May 16,.1979. brought to bear. The road · block may lie i~ the fact. that ., the City Councildoes not yet have machinery that wou!d be adequate to make the determin- ations on the adequacies ~f these subdivisions, and whether or not they will comply with the flavor of the Hillside Ordinance and the General Plan. Vince Gar~od, 22600 Mt. Eden~ Road, ~ug~e~'e mitigation 'measur~6~r~h'd~{th a slope of les~ than 5 percent, be thrown~ out. Further, in=~i~2$l~--~ ~! horse the pro lem comes up -' 14 XGENDA ACTION TAKEN V. PUBLIC HEARINGS (cont'd.) PUBEIC HEARINGS C. TO CONSIDER APPEAL. OF LAND The applicant had requested con- DEVELOPMENT COMMITTEE tinUance of this matter. ~ M/S: Kalb/Corr to continue this APPROVAL APPLICATION hearing to the meeting on May 16, SDR-!393, JAMES AND SYLVIA 1979. Carried unanimously. tEAN D. TO CONSIDER APPEAL OF LAND Mr. Robinson, Planning Director, DEVELOPmeNT CO~.~ITTEEf presented staff report, dated 4/25/79, DECISION RELATIVE TOG '~recommending denial of the lot split, CONDITIONS OF-'TENTATIVE PLAP ~n conformance with the General Plan APPROVAL, SDR-1408, 20625 and Subdivision Ordinance. ~iARION AVE. (G. N. RENN) The Mayor opened the public hearing at 11:53 P.M. Brad Renn, 20625 Marion Ayenue, indicated he has been told by the ~taff there is a possibility of Marion Avenue going through. He ~advise~,that the end property where,the ~ccess would come.from has recently been sold, and the individual,purchasing it is doing so for'the pnrpo~e,that the street will neyer~be put ~hrough. The Renn~s fe~ since they had moved their commercial business "" out'o~ a residential area, the traffic that was created by this is less than would be created by their residential dwelling, Mr. Renn indicated h~ also has talked to Chief Ernie Kraule, and he felt the.policy of 15 residences on a cul-de-sac was ~ good one to uphold in the hills where access · s difficult; however, in a situation where they are 500 yards from a fire station, there.should be no reason as far as emergency access that they should be denied this application. M/S:Kalb/Corr to close the public hearing. Carried. The public hearing was closed at 11:55 P.M. M/S: Matteoni~i~ to continue this matter for a period of 45 days, and request the-staff to studX and evaluate 'the City's present policy relative to 15 lots on a cul-de-sac without secondary access. Carried,~.~ to 1, Councilman Kalb in opposition. - 15 AGENDA ' ~CTION TAKEN VI. BIDS ~ CONTRACTS BIDS' AND CONTI{ACTS A, 'RECODiMENDATION FOR AWARD FOR lUpon the r'eCommendation of staff~ SEAL COATING AND OVERLAYING M/S:-Matte0ni/Kalb to award-the CERTAIN CITY STREETS 1978-79 icontract to Raisch Construction Co. jfor the 'low bid of $107~000. · Carried unanimously, VII. CONSENT CALENDAR 7CONSENT CALENDAR A. ORDINANCE NO. 38.63-2 Councilman Kalb requested removal AN ORDINANCE OF THE CITY OF iof item A from the Consent Calendar. SARATOGA AMENDING ARTICLE II !M/S: Corr/Kalb approval of the OF THE SAtATOGA CITY CODE 'Consent Calendar, with the removal .. RELATING TO WEED AND RUBBISH of item A.' Carried unanimously. ABATEMENT, BY AMENDING' SECTIONS 6-7, 6-9, 6-10 AND 6-11 THEREOF,'AND RE-' ' NUNBERING CERTAIN SUBSECITON: (SECOND READING) B. RESOLUTION 899 A RESOLUTION OF THE CITY" COUNCIL OF THE CITY OF SARATOG ORDERING ANNEXATION (UNIN- HABITED TERRITORY -- ALL LANDOWNERS CONSENT) C.FINAL MAP APPROVAL - TRACT 6605 o Resolution 1391-1, Accepting Dedication of Streets D. AGREEMENT FOR THE SALE OF -REAL PROPERTY FROM THE COUNTYOF SANTA CLARA TO THE CITY OF SARATOGA Eo PAYMENT OF CLAIMS VIII. ITEMS CONSIDERED SEPARATELY ITEMS CONSIDERED SEPARATELY A.' ORDINANCE 38.63-2 i M/S: Corr/Matteoni the adoption AN ORDINANCE OF THE CITY OF of Ordinance 38.63-2, and waive -the reading. Carried 3 to 1, SARATOGA A}~NDING ARTICLE II Councilman Kalb in op'position (Callon- OF THE SARATOGA CITY CODE RE. ' LATING TO WEED AND RUBBISH absent). ABATEMENT - 16 - -- AGENDA ' ACTION TAKEN IX. ADMINISTRATIVE MATTERS ADMINISTRATIVE ~TTERS A. MAYOR 1. Report Re~ I.C.C. - Acknowledged. Proposed to make all mayors/councilmembers members of I.C.C., with each city to have one vote. 2. SB-283, Re: Transportation :Council's position not to encourage. r~ .... :passage of the bill.. Commi s s i on G~e~[S'~h'~'t ion 3. County Sanitation-District M/S: Kalb/Corr to adopt Resolution No. 4, Re: South Bay 900 Re: Sanitation Treatment Plants. Discharges Authority .Carried unanimously. Common Conveyance Facilit' B. COUNCIL & CO~{ISSION REPORTS 1. Corr - Plans to set up Agreed to discuss at Committee of advisory committee to the the Whole Meeting.on Tuesday, county committee. Re- May 8. quested representative be appointed to serve on this committee. 2. Matteoni-- Recommendations Agreed to discuss at Committee of from the School Advisory the ~ole Meeting on Tuesday, Committee (model May 8. from City of Belmont) 3. Kalb Report Re: Sent request to neighbors to respond Arroyo de Arguello side- to City relative to walks. toward improvements. C. DEPAR~NT HEADS AND 1. Director of,Community M/S:'Corr/Kalb to approve termination Services Re: Termination o of Agreement for Tea House operation Agreement to Operate a at Hakone Gardens. Carried unani- cession at Hakone Gardens mously. 2. Director of Communit' Acknowledged report, dated 4/26/79. Services Report Re: Springs Master .Plan D. CITY MANAGER 1. Status Report on Sites' M/S: Corr/Kalb to direct the City under ConsideratiOn by Manager to send letter to Post Post Office Department Office Department indicating the City Cohncil's support of the FruitQale-Allendale site (Redwood .- School).:Ca~rie'd unanimously. -17-' AGENDA, ,~CTION TAKEN " ·.; ~_I.X..~/ADMINISTRATIVE MATTERS (cp~t' d. ) ADMINISTRATIVE ~TTERS D. CITY ~NAGER (cont'd.) 2. Rehommendation to Deny· M/S: Kalb/Corr to deny the claim Claim Against City by and refer it'to the City's insurance· Paul Currie and.Margot carrier. Carried unanimously. Currie, 20565' Debbie Lane. X. ADJOURNMENT ADJOURNMENT M/S: Corr/Kalb the meeting be adj ourned. Carried. Meeting, adjourned at '12:35 A.M. 18 -