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Home My WebLink About11-19-1980 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday~ November 19, 1980 PLACE Saratoga City Coundil Chambers, 13777 Fruitvale Ave., Saratoga, Calif. TYPE: Executive Session - Litigation 6:J0 p.m. Regular Meeting - 7:30 p.m. AGENDA ACTION I .- ORGANIZATION A. ROLL CALL CouncilF~3rbers Clev&nger,, Jensen, All present. Mallory, Watson, Mayor Callon B. -MINUTES - 10/15, 11/5, 11/11 Watson/Clevenger moved acceptance with cor- rections noted below. Passed 5-0. 10/15 - p. 12, Item,VIII.B.l.a. changed from -"',3 ~sitions open" to "terms starting" - p. 10, page completely re-written II. CCI~v~NICATICNS Ao ORAL B. ~4~{I'I'ITjN III. SUBDi'VISICNS, BUILDING SITES, ZONING REQUESTS IV. PETITIONS, ORDINANCES~ AND RESOLUTIONS A. RESOLUTION ELIMINATING FOUR- Continued to 12/3/80. HOUR PARKING. IB VILLAGE PARKING DISTRICT .#1 1. Resolution MV-140 B. RESOLLFION ALFPHORIZING INCREASED Mallory/Watson moved adoption of Resolution APPROPRIATIONS, DEPARTMENTAL 979. Passed b-0. EXPENDITURES, AND TRANSFER OF FUNDS BETWEEN AND/OR AMONG FUNDS 1. Resolution 979 V. PUBLIC HEARINGS - 8:00 p.m. A7 CONSIDERATION OF REQUEST IN Continued to 12/3/80. ACCORDANCE WITH THE PROVISIONS OF MEASURE "A," INTERIM RESTRIC- TIONS AS REL~i'EU TO HARDSHIP (Tract 3943, Lot 12) 2-11/19/80 AGENDA ACTION B. APPEAL OF PLANNING COMMISSION i~' Planning Director reviewed history of DENIAL OF ENCROACHMENT PERMIT, the appeal, which was made by the. EP-13~'(Dean & Dorothy D0nielsen, Donielsen'~ after the Planning 13791 Quito Oaks Way) Commission'denied the encroachment permit. The-~oni~tsen's feel the ~ence would'~revent trespassing, but their neighbors, the Burns' feel'that it would cut off access to their property. Staff was concerned about setting a precedent if the permit were granted and the Planning Commission denied the permit. Councilmember MHllory discussed. the undesirability of the legal fence. on the Burns' property, stating that it forced people to walk on the street to reach the crosswalk. The Public Hearing was opened. Bob Saxe, attorney for the Donielsens', spoke in favor of the permit. He stated that the Donielsens' had maintained landscapIng in a large area near the fence, which had been constructed recently in place of a wire fence that had'been in the right- pf-way for 15 years. He nO~ed that the fence was not a traffic hazard ! because it did not Obstruct the view of Quito; a number'of'neighbors had signed a petition supporting the permit; there were other such encroach- ments in that area.. He stated that not to grant the permit would ~et an undesirable precedent ~nd that the City should act on its concern for the rural character of the area. He then read Section 1328C of the Municipal Code and stated that this appeal' nearly comes within the definition of fences exempted from an encroachment permit because they are part of the front'landscaping of a residential use. William Burns, 140 N~well Avenue, spoke against the permit. He stat'ed that his rights should not be ignored simply because he~,did'nQt live on the pro- perty,~ahd that' the,'comments about the f~ce o~ 5is"proper~y were irrelevant. He wished to have access across public ~'~ property. He~noted that he would have ' ~no objec~i6n-~o~'~sma~!-fence if it had a suff~ciently!la~ge'gate. Councilm~mber Mallory asked if Mr. Burns were ~lanning to deal with the feng~ one,his. property, and.Mr. Burns responded afffrmatively. Councilmember MalIory th~n s~gge'~ted that if ~he Burns fence were removed, a walkway 3-/11/19/80 AGENDA ACTION could be constructed. In answer.to a question from Mayor Callon; Mr. Burns said that the previous fence, which was owned by him, had a gate. He also stated that moving his fence might be complicated by the fact that there was a large bay tree near it. Moreover, he felt a traffic engineering study would be in order before serious consideration of moving his fence and building a walk- way. The Public Hearing was closed. Jensen/Clevenger moved that the permit be granted for a 7. foot encroachment with the understanding that if the- roadway,is widened, the permit is terminated, and in addition, if the 'BL~S '~ fence' ~ mo~ed ba~k -3 'fe~t ~ ~ the permi~ i~ '~hang~.~o 4 f~t. P~ss~d 3-2 ' (Callon, Mallory opposed). Counci. lmember Watson noted that in a community, such as Saratoga, it was often the Council's duty to resolve neighborhood problems. He f~lt that the fence and landscaping enhance the area and that the principal access should be through the front of the Burns' property. Councilmember Jensen stated that while the DQnielsen's fence was an asset, the Bnrns';was a hazard. 'She felt that, the latter should be moved back at least a few feet. 'Mayor,Callon agreed that the Doniels~s'~ was-attractive, asserted that there should be access through [he property. She objected to supporting~One private individual in an ~ncroachment as against another private individual. She favored allowing a 6, foot encroachment; with a gate. Councilmember Clevenger asked the Director of. P~blic Works if the motion, as stated, covered any eventuality as far as'the City's rights to improve the street were concerned; he replied that it did. Councilmember Clevenger spoke in favor of the permit, since the fence was an asset and street improvements could be made in'the future if necessary. Councilmember Mallory suggested that a creative solution might be worked out 4-11/19/80 AGENDA ~ACTION by. parties, aided'by staff, and a member of the Planning Commission. Councilmember Watson and Mayor Callon expressed their belief that the situation had passed that point and the Council was being asked to make the decision. VI. BIDS AND CONTRACTS A. AWARD OF CONTRACT FOR ANNUAL Jensen/Mallory moved acceptance of STREET STRIPING staff recommendation-to award contract· ',to S.. ~.F'~.oHou~igan. Passed 5-0. B. AWARD OF CONTRACT FOR SIGNAL Watson/Mallory moved acceptance of MODIFICATIONS staff recommendation to award contract 'to.Steiny~'and Co. Passed 5-0. VII. .CONSENT CALENDAR Jensen/Clevenger moved to approve all · items. ~n the consen~ .calendar except-,~·-~ · '~ *' ' ?'~' ' f~ "."-'-'~': .~ jL-.' ~,,· ,I-te~m D. Passed 5-0. A. CITY CLERK'S FINANCIAL REPORT Approved. B. CITY TREASURER ' S .REPORT ' Approved. C. PAYMENT. OF CLAIMS Approved. D. AMENDMENT TO ZONING ORDINANCE OF Mallory/Watson moved approval of CITY OF SARATOGA (SIGNS)BY amendment and adoption of Ordinance PROVIDING OPEN HOUSE SIGNS NS 3.44 (as modified).. Passed 3-2. (Se~on~ reading) iJensen, Clevenger opposed.) 1. Adoption of Ord. NS 3.44 (as modified) E. DE SANKA, AVENUE - RESOLUTION Approved. ESTABLISING A BUS LOADING ZONE (Blue Hill School) (Second reading) 1. Adoption of Ord. NS 38.92-1 F. MODIFICATION TO RECREATION ApproVed. COURT ORDINANCE (Second reading) 1. Adoption of Ord. NS 3.45 G. DENI~AL OF CLAIM OF VIC.KI CHESLOCF ApprOved. H. RESOLUTION PROHIBITING PARKING ApprOved. ON A PORTION OF SARATOGA- SUNNyVALE ROAD 'I. Resolution MV-142 I. ' RESOLUTION APPROVING BUILDING Approved. SITE OF PRESBYTERIAN CHURCH 1. ResOlution 1476i2 -5-I1/19/80 AGENDA ACTION 'VIII. ADMINISTRATIVE MATTERS A. MAYOR B. COUNCIL & COMMISSION REPORTS C. DEPARTMENT HEADS & OFFICERS \ 1. ~Planhing Director a. Report re: Plannin'g Noted report. 'Dept. Priorities re: revision of animal Control ordinance 2. Director of Pulib~Works a. Report re: Post Office Mallory/Watson moved that staff Utilities contact the Post Office to inform them that the City will consider granting encroachments if the Post Office resumes Cooperating with the City in its design review process.' Passed 4-1. · (Jensen opposed). b. Saratoga'Creek Bike Director of. Public Works brought up Path Added at meeting) the matter of Saratoga Creek Bike Path, saying it waslhoped that construction could begin,.sOon~sinCe-'a!pr~posaI,.~tO~-~ doT~h~wo~k~.fDr~U~der"~5jO'00~had-~.been received. The work would include bike ramps, a pathway, and a fence. A crossing guard was also planned. Mayor Callon commented on the sketchi- ness of the information provided and requested further details. Clevenger noted that the school could encourage students to use the bike path. Councilmember Watson, speaking as a citizen, said he believed there was no serious congesti6n that would' warrant a bicycle path~ . Councilmember Clevenger stated that there was congestion!after sghool, ~' and'that a croSSing ~uard.was needed. Mayor Callon agreed. Councilmember Jensen objected to the fact that the'item had been brought Up with no advance warning or infor- mation for the Council. '- Earnest Foreman, 19524 Via Monte, also objected to the short notice. He spoke against the bike path, saying that it would be used more by' · . motorcyclists than by bicyclists. .'- 6-11/19/80 A. GENDA ACTION In response to a question from Councilmember Clevenger, Diiector of Public Works'said motorcycles could be kept out by the use of devices such as bullards, a series of staggered posts through which b~cycles, but not motorcycles, c6~ld~mak~,~b~ ~y. Mayor Callon stated that she would need t~ look at' the site to'envrslon whether b~ll~rds Wb~d w0~k. ih-~He~' area. . ~ · -.~ ~ ' '= ~ - ' ~ ' ' =Dr.. Roth,-owner 6f property on Scotland Drive, spoke against the bicycle path. .He 'felt-~hat undesirable activity such' ~s {'andaliS~.would-, increase'if' th~ path '~"~co~structed. were Rip LaCro~x, ~4~01 Pike R6ad, Dr. .... Roth's attorney., stated that the .o undesirable traffic was'a 'lqng-standin = proble~and that 'the bike path could not be restricted to bicycles. He ~ suggested"further study to find .. ... alternat'iver, solutions and research < by the Ci~'ikttorney ~o see if.indeed the Santa Clara Water District cohld · ' ' ~rant the.easement. Councilmember WatsQn said that both a crossing guard and a bike path might not be necessary and'that further study was necessary. Councilmember Clevenger pointed out that traffic would be increased by the .new Post Office and urged that the project begin. Councilmember Mallory inquired as to whether the PTA had accepted the plan, and-Councilmember Clevenger and Director of Public Works said it had. Councilmember Clevenger agreed to determine the schoot's opinion. . . Consensus to agendize at regular adjourned meeting of 11/25. -c. Prospect Road Street Director of Public Works brought up Improvements (Added at the matter of Prospect Road street Improvements and noted that although meeting) " the street configuration was not normally a matter requiring Council approval, he had wished to bring it before them prior to the start of construction. He presented two diagrams showing the street improve- ment possibilities, both of which. showed Prospect as two lanes. 7-11/19/80 ACTION Councilmembers discussed such matters as the amount of turning traffic onto Jamestown, the effect of the im~rove.- ~m~n~s~h futur~ expansion, · possibility tha't W~dening Prospect might'~n~burag~mofe traffic, the loss. of Oak tr~e, sthat would occur if Prospect,~were widened, and the merits of using an island rather than chatter Sandy Santoriell'o, 20802 Norada Court, spoke for widening Prospect for safety reasons. Joan Rouse, 123361Arroyo de Arguello, spoke for widening Prospect and adding bike paths. She believed that a "park · like" setting could be better-obtained by street landscaping than be ~etainin~ the Oak trees, which she felt were near the end of their life. span in any case. Councilmember Clevenger discussed with · Mrs. Rouse whether widening Prospect would in fact increase traffic'and the relationship of the improvements to the Count~'General Plan Transportation ~ Element. Jensen/Watson moved to. accept either one.proposed plan or the other, depending on negotiations with the City of Cupertino'. Farled 3-2. (Ca~lon, Clevenger, Malloryopposed). Mayor Callon expressed her feeling that four lanes were needed in order to provide ~ safe Ieft turn onto Jamestown. Director'Of'Public Wor~s stated that if the corner parcels were developed, the Council could force homeowners to make improvements. He expected some activity on the sites within two three years. Councilmember Mallory ~xpressed his concern about the character of .. Saratoga. He also felt~ the Council should not stop something which was part of the General Plan, and he feared that.two lanes would create a ~ dangerous bot,tleneck. The City's Primary ConCernS in. this area, he felt, should besafet~ cos~, and meeting City standards. · I? "~ensen/Wat~on mo~ed to.agendize for adjourned regular meeting 11/25 and to contact homeowners associations to determine~their positions. Passed 3-2 (Callon, Mallory opposed). ? 8-11/19/80 AGENDA ACTION D. CITY MANAGER 1. Report re: Vacancy on Consensus to advertise for vacancy. .Library Commission 2. Report re: Crime Reports Noted report. IX. ADJOURNMENT X. EXECUTIVE SESSION - Litigation XI. ADJOURNED REGULAR MEETING Jensen/Watson moved to accept low bid of $3,400. from Chuck's Backhoe Service to perform remedial work on Bank Mill Road drainage system. Passed 5-0. XII. EXECUTIVE SESSION - Litigation Respectfully submitted, Grace E. Cory Acting City Clerk