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HomeMy WebLinkAbout09-18-1957 City Council minutes 440111p *Pro* SAS,AT GA Cril COMM TIMM September 18 1957, 7:30 PA. Fireman's Hall, Oak Street, Saratoga, Cal ifelx'nia TX Regular Meeting ROUTINE ORGANIZATION A. BOIL CALL Present: Brazil, Langwill Romeo Atseit: Jepsen, Williams B. /UMW that the reading of the minutes Councilman X111 moved be dispex�dispensed i� with and that they be approved as Carried unanimously. II PETITIONS AND GRIEVANCES A. ORAL COMMUNICATIONS 1. E. Crenelius of Pierce Boad spoke at some length commenting 4 n the quarry and trucking operations on P ie roe Road. e stated that trucks were running by his home at the rate of one every three to ten minutes and that they were endangering the operation of the school bus. He felt that the people operating the s ible and that they should F.Creceliu8 quarries were responsible P Quarries ate in keeping g the truck menace at be asked to cooperate p a minimum. He made these statements as a member of the school boar p d. As a private citizen he stated he did not wish to take s id es in the matter but felt that h both sides should be considered since the people oper- atl.xg the quarries were old-time landowners and the people opposing them, of course, were responsible citizens. He f th tempers should be kept down and some arbitrary solution would be found. Wade Hover, attorney attorne from San Jose, stated that he represented B. 14'3-alley 3aile and Dr. and Mrs. Wayland Y Rodon i the quarry operations on Pierce Rd., ,marry in connection with th q Y particularly the Saratoga Gravel Co. Ho felt that the conditions rsoently laid down by the use permit approved by the City Council were not being met and that the Saratoga Gravel Co. has been In steady and continuous operation since the use permit was issued despite the fact that 4114 a bond is required before any operations should take place and said bond Was not obtained, (2) the hours of operation were limited yet the quarry has been exoeeding these hours of operation as well as operating on Saturdays, (3) no rock crusher has been installed, (4) any non compliance with the conditions as set forth should result in abatement of said operation. Attorney Hover maintained that the use permit, because of non- oomplianoe, was null and void and that the Council should immediately secure abatement of the quarry. Marshall Hall attorney of San Jose, representing the same clients as Mr. Hover, stated that the Council attempted to be completely fair in issuing the use permit and therefore should take immediate action since the conditions of the use permit have not been net. Mrs. F. P. Redd of Pierce Road spoke at length concerning the operation of the Cocciardi quarry located on Gravel Pit Road, approximately one mile from Pierce Road. She Mrs. Redd submitted at length certain evidence concerning the Cocciardi quarry operation, the names of trucks, etc. and furnished the City Clerk with said evidence in written form, dated September 18, 1957 and introduced as exhibit A. Clarence Robart of Pierce Road stated that he lives on the next place to Cocciardi and that the aforementioned quarry has been in operation from 6 :00 A.M. to 6:00 P.M. He felt it was a menace to the area. Councilman Rosasco asked Assistant City Attorney Clark a question regarding the jurisdiction of the City in -2- governing tonnage on rem Assistant City Attorney Clark replied that this is a matter of State Vehicle Cowie and about the only way the City ooul4 govern it would be by licensing the businesses. Mars. Keller of Pierce Road asked whether the road could be chased to trucks. Assistant City Attorney Clark stated that it could not be closed gniess another access road was provided. Mayor Brazil asked the City Attorney to submit a memo- randum on the question as to the amount of power the City has to restrain or prevent truck traffic on Pierce Road. In connection with the aoaplaints against Saratoga Gravel Co. Mayor Brasil asked the City Attorney's office to ascertain: if suf fisit evidence is present to enable the City to take action regarding abatement. He asked that this opinion be submitted within the next few days. Mrs. Mabel Wayland of Pierce Road Saratoga s tated that she had submitted certain information regarding the operation of the quarry to the City Administrator's Office as well as the City Attorney and stressed that they were telling the truth. Mayor Brazil stated that since this is the first time the Council has had an occasion to consider the revocation of a use permit the exact procedure is not known and he i and the remainder of the Council would like to have com- plete information before they proceed. B. WRITTEN REQUESTS FOR ACTION 1. Highway 9 Project The Administrative Assistant read a letter from the Highway 9 Project Division of Highways, District 4, dated September 12, 1957 _�3_ M and a latter of the same date frost Mrs. A. W. Penniman. Mayor Brasil asked that both Letters be flied so that they easy be considered. 2. W. A. Thomas et al re Quarries The City Administrator indicated that a petition dated September 7, 1957, from A. M. Schoen F. P. Redd; Lorraine Lydon; Thomas F. Lydon; Mrs. W. A. Thomas; Dr. and Mrs. Raymond T. Wayland; W. A. Thomas; F. A. Reed; .1 Visas F. Vivian E od; Mrs. Bill Cruse; Willis T. Cruse, had 1a arrt.s been received, said petition oovering the sane information as received earlier during the meeting from Mrs. Redd. There were also several other Letters received from Mrs, M. H. Poliaek and Mrs. Martha L. Ray as well as Mrs. Charles R. Miller. Mayer Brasil asked that the letters be filed for future cons idsratl, oa. 3. 0. H. Riser re Dreinage Mr. G. H. Miser of Norton Road, Saratoga, asked that his letter of ,September 10, 1937, complaining about Riser drainage on adjacent property be ignored since sub Norton Ed. Drainage sequent inquiry by the City Administrator's offioe had indloated that the drainage was going to be corrected to the entire approval of Mr. Miser. He therefore asked that the letter be withdrawn. 4. Quito Merchants re Signal The Administrative Assistant read a letter dated September 11, 1917 from the Quito Merchants Association, 4 Norman A. Hawley, President, regarding a signal light on Quito the Cox and Saratoga Avenues. an*s the corner of n es u Signal Light Mayor Brazil referred this matter to the Committee on y rr Roads. 5. League of CaliforaXa eines rut ififttiskg The City ni .st r►tor elanai to attention that s of the League of California Cities will have a special iif.citt.s Neettag meeting for eittetals of qtly created oitte* on September 22, 1957, in San Francisco. 111 FINAL NAM 1. SOB #46 Harold Jopimn Councilman Bssasco moved that the City Clerk s lgn SIM "6 s final nap *hen there is indication that all cwf :epee* the *auditions and provisions have been met. Carried aniaos ly 2. 5. #22 Saratoga School District SDI #22 After some dissuasion it was decided that this case IsratQgs School Diet. would be held over for further stud by the Council I ammumcis Noma =SOLUTIONS A. FORMA. 1. Acceptance triangular area at intersection of Park Place and Oak Place. The City Administrator stated that the 10 01 department Resolution is preparing a resolution for the scoeptaraee of this £oc.ptlMio$ of Park small triangular piece opposite the Federated Church but it had hait not as yet beam received by his office. He therefore recommended that the matter be held over until the nett meeting. VI VIBLIC HURINOS 1. PC -2 Allendale Rezoning The Administrative Assistant read the proposal of the Allende City Planning Commission regarding the rezoning of Rex oni ng certain areas adjacent to Allendale Avenue. Councilman Bosasco moved that Ordinance ?C -2 be adopted. There followed a short discussion after which time a vote was taken and the matter was carried unanimously. _5_ 4 4 2. PC-3 Mistime Lot SiOes, Ste. The Aolainistrative Assistant in&icated that AN MIMI= SETTING MITINUIN WT MONTAGU FOR VARIOUS SI= LOTS, MINIMUM LOT SIM AND OTHIR MATTIRS PERTAINING THERETO, DEFINING TYPES 07 LOTS FOB ALL RESIDINTIAL LOTS WITHIN THE CITY OF,SARATOGA AND SUMMING ORDINANCRS 3A-2, 3A-3 AND 3A-4 AND AMENDING ORDINANCS 3-A OF THI CITY OF SARATOGA was road. PC-3 Minimum A letter of objection dated August 7, 1957 from Lot Sili•s Kr. truest R. Loewy of 14474 Oak Place was read. John M. Burnett, attorney of San Jose, stated that he was representing Mr. Lam as well as the Sacred Heart Churoh and nada several objections to the proposed ordinance PC-3. He stated that om page 2 of the ordinmee, Sec. 2.1, it was Ind1cate4 that in an R-1 district there would be a 10,000 sq. ft. minimun. He felt that a perusal of the ordinance indicated that In the event a person had a house built on a lot smaller than this and the td house was burned or destroyed in some manner it could not be rebuilt. Is felt that this was confiscation of property. Nr. Burnett had violist objections to the R-1 proposals in the ordinance whioh limited the placing of one unit to every 5,000 sq. ft. Attorney Burnett explained that the Sacred Heart Church hoped to aove shortly to their new site where they recently built a parochial school and therefore the property that they were abandoning on Big Basin Way would be sold and it was hoped that the money realized from this sale would build the new church. He felt that under the zoning changes recommended in the the value of the ohuh ordinal's* at hi property (present would drop about $3 #30,000.00. Under the c rd aft e being adopted it would be possible to bald only about 8 apartments on one would require a very deluxe as whic�h of course w au arrangement. The fact that there wa a motel located that the on Big Basin Way, the property is adajacent to P the commercial area that there is heavy traffic on Big Basin Way would adversely affect the successful operation of sum an apartment or miple dwelling group. Fred Marburg, architect of San Joss, was introduced by Attorney Burnett and he stated that there was approximately 49,000 sq. ft. on the Loewy property and that the unit cot would be about $10,000.00 per unit and that maintenance would run $360.00 per month for 20 units. Therefore it order to get a decent return the minimum rental would have to be $113.00 per month. Under the new ordinance the apartments would be limited to 9 units, one unit be tng used by a manager, and that the rent would have to be 3lL18.0O a month, which Mr. Marburg felt was economically unfeasible and un.e ound He stated further, under questioning by Mr. Burnett, that in his opinion the new ordinance would devalu ate the property by one half. He stated that A requirements indicated that in order to be eaanv►mi oa l ly sound one bedroom apartments should rent two bedroom aperients for 3115.00 for 480.00 to $90.00, per month. He pointed out further that among the nearby cities g the most rigid control on apartments was they In Campbell where the allowed one unit for every 2,000 sq. ft. (for the first four units) and then one unit for every 1,000 sq. ft. thereafter. This was zoned as 2,3. San Herna •s Big Basin Way owner of a moor]. pre- tested in general agalst too strict zoning and stated that he intends to tear down several of his old units and rebuild if this is perms sable Vivian Krause, Springer Road, Saratoga, stated that she owned s ere ral lots motet were ,0' by 150 it was her wads rs t mltsg that under the proposed ordinance that if as wanted to tear down the horses on these lots and rebuild it would be impossible. Lorr i l 1, Palo stated eliebedi that he owned a similar piece of property 55' by 150' on Elva Street and that under the orient ole it would appear that he would be unable to build an it. Robert Crane of South Bay Construction. Co s protested various porttar s of the proposed cardiaauoe partioularly Eton 3.1 and we of any seation whim► dealt P with eu3 .e --sao lots. He maintained that a further study of the entire o rd tnaooe should be made and that future public hears s should be held. At this point Mayer Brasil olosed the hearings. Councilman Ro.aasoo moved that the entire matter be taken under adviseasent. Attorney Burnett at this Attorney point stated that in his opinion this was one of the most important single ordinances to be passed by the City axed. that all dealings and discussions should be held at a public hearing. Mayor Brazil stated that land use Is of the greatest ispertence to the City and he felt that the Council should have time to stud' this matter. In the mean- time the following procedure should be followed y✓ y fi R r: .R.� �,.i� r •1'. .x ",,.1r �.5 ?WSr94eir+ii g c 4 y as: V r ":,4 t.. R,. �ar vt f' (1) Mat anyone prwlattio, any phase of the prsppiiri arditisnoe should, put their fM.liae,r la xritlag M test the Council oast have the advaa►Lags of 'WO Iatormlttioa. (2) After a fhercrtigh study has been made of the rest. and the •rdtaseoe a farther hearing should bo hell. ♦ttr►rsy► Burnett offered a tr+ipsoMpt of this meeting to the City aonMoil to 'Cake the plaoe of written ovssualoatiaue requested by the Mayer. Mower Brazil stated that the entire matter would be taken under advisement. VII CANVASS OF 11+0'1' 1. Saratoga Ammialtiao 193 7-2 The City 01s0lc broke the sea1, on the envelope con- taining 1,0#414 ballets voted at Saratoga Annexation 1957 41100llaw on the 10th day September, 1957, in We Saratoga First Preelnet. Tb, salmi of the ballots by the Council showed 37 votes YM, 4 votes lea, 1 blank vote. 2'!s Clerk produced the two absentee ballots whleh were opened' in the proselyte of the Gouneil and these votes Saratoga showed, two affirmative votes. Annexation sa showed, �an 1957-2 The Connell the requested that the proposition xhioh is Shall Saratoga Annexation 195 7-2 be annexed to the Cif of 3aaratoga" be entered into the minutes and that the votes oast were 44, with 34 votes for, 4 against and 1 blank Tots. City Clerk thereupon road Resolution No. 34 A USOLUTION DINCLI►$II44 CANVASS OP H]lTUB AND BBSULT OF »m*iow =ACTION HELD IN "SLBITOG1► ANNEX/010K 1957-2" OK THE TIME DAY OF SEPTUM, 19S? Councilman Laftwiil moved that the resolution be .9. approved, carried unanimously.. Walter Tymlaski of Carmiel Ave. expressed his thanks to the Council fer their 000peration in seeing that the area beer a part of Saratoga. The City Clerk istrodueed Ord inan o s No. 20 AN ORDINANCE OF THE CITY of aAR&TOGA APPROVING THE ANNEXATION TO sum CITY of CERTAIN INHABITS!) TERRITORY DESIMATSD AS *SARA TOGA ANIMATION 1957 -2". Councilman Rosairbo moved that the first reading of the ordinance be waived. Carried unanimously. VIII ADMINISTRATIVE A. REPORTS OF C O M M I T T S U 1. Councilman La i11, Chairman of the Public Works Committee, stated that in connection with the Calabazas Calabazas Dem all interested agencies in all levels of government Dam haven tarnished with c op ies of the Resolution of the Counej1 in whtoh they state their opposition to the Calabazas 0m*. 2. Councilman Bosasco reported that the police have made Sebey E!. a thorough study of the traffic pattern on Sobey Goad Tra f f fro and that they recommended nded the speed limit be posted. 3. Administrative Assistant reported on the traffic checks made at the railroad crossing on Cox Road and Sis o brought out that visibility was bad from the eastern Cwt 14. approach and that there was also a serious problem E.R. Cross tag beecau s e of irregular schedules 4 The Mayor d i recc teed the City Administrator's o f f i o e to continue their work on this by contacting the Southern Pacific Railroad and the Public Utilities Commission. B. FINANCIAL 1. 1956-57 Audit The City Administrator stated that the audit as 1956-57 Audit completed by Peat, Marwick, Mitchell Co. had been received recently but copies had not been given to l 0 r ;'+r •�j' :t t "a rr R s a ;,:,;k F '+►iM 1r Ir• i i f N. 3,Y r b :c •t.S, :.+t &.'b 1i•ia:n:,ti.;,LK a,1. .f;i►s+F't•r r +1'' 'i• i'.., -.a t •...'"ft i�s2'•.r•11r' r a :a r i 1 w`� s 14. Wit'•. i:' r all the Councilmen. Hs asked that as soon as they secure their copies they study it and that it be held over for discussion or approval until the next meeting. He also asked that the Legal Dept ive him a decision n as to when and where and what portion of the report must be published by law. Harry Margolis of the Saratoga-Sunnyvale Road stated from the floor that he was a member of the Citizens Committee for. Registration involving the cities of Los Gatos and Saratoga. H• asked whether or not the City Offices could not hsle some of the voting registration, Voting The City Administrator stated that there appeared to Registration be a coincidence since his office had inquired through within the past three or four days the Registrar of Voters/as to procedure for setting up registration of voters at the City Offices. This will be carried. forward. Councilman Rosasco moved for adjournment at 10:37.P.M. Carried unanimously. 60 Present 2 Press _1i-