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HomeMy WebLinkAbout08-07-1957 City Council minutes SARA.iOGA CITY COUNCIL hmgus t 7, 1957, 7:45 P.R. PLACE: Fires-ants Ball, Oast Street, Saratoga California TPE: Regular Meeting I ROUTINE ORGANIZATION A. ROLL CALL Present: Brazil, Jepson, Langwill, Rosasoo, Williams Absent: Sons B. MITES Councilman Langwill moved that the reading of the minutes be dispensed with and that they be approved as written. Carried unani mous ly II MITITIONS AND GRIEVANCES A. OR&L COMMUN ICLTI OWS 1. Earl Converse, 8SI1a Vista Ave., Saratoga, stated that ha rerpresonted the exeeutir• board of the Saratoga Highway Association and that they had appointed a ocommittae of three parsons, namely Col. Bury Impam, L. F. Richards and. Marl Converse, to oontaot the City Coons ll of the City of Saratoga with the objective of working with the Council jotitly to pras erY. Blaney Park and the rural Plaza beauty of the City of Saratoga, and hen.*, to Highway Assoo. prevent construction by the State Highway Commission of the State of California of a four -lane highway tough the City of Saratoga at the intersaotior of Saratoga-Sunnyvale Road and Big Basin Way. B. WRITTIN EXAMESTS FOR ACTION 1. Traffic on Sobey Road A letter from Joseph A. Bonaoina of 15215 Sobey Road, Traffic on was read by the Clerk, said letter being dated Sobey Rd. August 5, and referring to traffic conditions on Sobey Road. a w.M aw The Clerk also referred to letters written by Themes V. Barton, 15200 Sobey Bead, Walter Field III, 15270 Sobey Road, and Le N. Sobulte, 15230 Sobel BC, all o t ing on the hairdous conditions on Sob Bead and requesting the Council to take proper steps to alleviate said conditions. Councilman Rosase° stated that action had already been started in this matter as the situation had been referred to She►gi f f Hawley' s department for investi- gations along with a similar situation on Monte Vista, Piero* B4 etc. Mayor Brasil stated that the matter was being referred officially to Cow ileran Sosssoo for handling as Pi] ice Commissioner. 2. Junipero Serra Freeway Clerk read a letter dated July 23, 1957, from the lwisiaa at Htghways, District IV relating to a public Junip.Serra hearer to be held in San Jose on August 9, 1957, in Freeway Mt1 a oonneetion with the J aipero Serra Freeway. Mayor Bail stated that Mr. Williams, Mr. Jepson and WI 'layer along with the City Administrator would attend said meeting. 3. Youth Center Wise A letter dated Jody 23, 1957, from Martin S. Walsh, attorney for Mr. and Mrs. Snyder, operators of the Snyder Apa rt men t House, Big Basin Way and F ou rrt h St. Youth S.n tir was rend y the Clerk, Braid letter r reterrin.g to noise Noise eeaplaints emanating from the Youth Center located on Fourth Street. Mayor Brasil referred the matter to the Administrator's Office for investigation. -2- 4. Ra i l r Safety Signal, Cox Avenue A Letter from Edward Maionobi 20180 Chateau Drive, Saratoga, Calif., and dated July 13, 1957, was read R.R. by the Clerk, said letter referring to traffic Signal Cox Ave. hazard at the railroad crossing on Cox Avenue. Mayor Brazil referred this matter to the Administrator s Office for investigation. III ORDINAMCW 1. No. 18 Na change, Schumer Road to Reid Lane An Ordinance CHANGING NAME OF CITY STET FROM Ord. 18 SCHUMMB ROAD TO REID LANE was read by the Clerk. Reid Lane Councilman Roeasoo moved for adoption of said ordinance. Carried unanimously. IV USOLDTIONS A. PORMAL 1. V -10 Bodoni, Willie Mayor Brasil stated that he had personally etude a review of the case covering what had transpired, what was involved and suggested that he relate his findings of fact if the Counotl was in aocord with this procedure. Res. 29 All nombsrs of the Council tndioatsd that this method Bodoni, W. of procedure was satisfactory to them. Findings: I. Applicant has a substantial property right in the operation of the quarry, which property right needs the protec ton of a use permit but the exercise of which right needs to be controlled. 2. The continued us. of the quarry in its present form has only a remote effect upon the health or safety of persons residing or working in the neighborhood of seld property. The increased traffic on Pierce Road, the only reasonable acceas by public road, is collateral -3 to the operation of the quarry, and is partially attributable to other pursuits. The danger of truek truffle is Imkerent and such traffic des met, by its mere existemee, materially street pubito safety. If appropriate t di. ti one are attached to a ma* permit months of the use will not materially adversely affect such pers s Traffic, dust, spillage are eentrollable fasters affecting health and safety. Councilman Lal ill sossnt•d that all trucks are not wed by the Sarah Gravel Co. 3. 'actors of noise, dust, sptl.lfte and soar rtng are present and are in some degree detrimental to the 4 blip welfare. use factors can be controlled by the proper regulation so that the effect on the public welfare will not be material when reviewed in the light of the property right to be protected. Counoi1n Jepson reiterated the statement of the Mayor in oonneetion with this finding and Councilman Langwill commented that there are a number of different causes for dust. 4. The existence of a quarry appears to have sone effect on the values of mijSeemt property, however, the evidence is ins elusive as to the nature and degree of such effect. Estimates of increases la property values over the past dee.*e indicate that the effect of the quarry is set materially istrimental to appreo tat i on of property values. If proper conditions of use are established, the esthetic depreciation due to scarring of the hillside can be reduced rather than perpetuated thus Increasing marketability of properties. No sub- stantial injury to property or improvements in the surrounding area appears established by the evidence. -4- Mayor Brasil stated his oonsion from the above was as follows: "From the above finaings based on all +s td •Yt6 U(e available the oonclusion is that eVolioant has ontablished the existepoe of a legally proAec4able propert7 right in land use whloh can be euttjeote4 to proper oon.t. is so as to eliminate tsr *1 .y adveTtie effects t ersfros. At WA point the City Attorney commented that the naliings shoal. 'Include information such as the IndenAltfloation of the appll t; Mew substantially oontrole the business; what is the erat ton" what is th4 general terrain, that is rural or urban; easral location. etc. The City Attorney was questioned as to whether he oould dot up amok findings wtthin a comparatively *bore i01 sf time and he stated that he could do .t in five minutes. Mayor Brazil recessed the meeting for five minutes. The meeting resumed after about ten minutes and Mayor Brasil read the following f i i s report Applicant is a California ooh ration, incorporated April 4 1954, substantially owned by Willis Bodoni, and sine. s o time in 1955 to the present tine has been quarrying a eerie parcel of property located on a larger 16 area as assignee of a lease agree- ment between Paul Masson Inc. and Willis Bodoni. The site in question vas at the time of the application zoned. A2:34, is located some 900 to 1 ft. off of Pierce Rood in a rural mountainous sector of Saratoga. Some 4 to 15 residences exist within one mile of the site. Operations have generally consisted of bull- dozing earth and rook from their inpiaca positions -5- grading over a system of grizzly bars with often an overflow of larger rocks into a canyon below and the graded product a valuable base material known as saratoga slag, bunkered and then loaded into commer- cial trucks not owned by applicant for transportation elsewhere. Anywhere from 300 to 18,000 yards per month were excavated from July, 1956 to April, 1957. Mayor Brazil stated that he would move that the above informa- tion be consolitated with the findings he had already recited and that said findings, en totum, be approved. Councilman Jepson seconded the motion. Carried unanimously. Mayor Brazil at this time asked the City Attorney for his views as to the le►lityr of the situation. The City Attorney explains that quarrying, as is the ease at hand, is a different type of use than quarrying for gold, oil, etc. and that the law is different as far as use permits in connection with quarrying is con- cerned. Quarrying is not regarded as a nuisance per se although it is possible in the operation of it that it becomes a nuisance. If so, two ways are open: 1. Abate the quarry if it cannot be regulated. 2. If in the findings of a legislative body it is shown that the quarry can be so regulated so as to reduce or eliminate the nuisance value it can be continued. At this point Mayor Brazil explained that he had had two resolutions completed for his use, one which denied the use pereiit, the other which allowed the use permit with regulations. He asked each Councilman individually as to their pleasure. Councilman Langwill stated he would prefer the resolution -6- allowing a use permit with regulations; Councilman Romeo agreed with Cold In La rill and Council- man Jepson also a with Counallman Larigw i.11 Councilman WiUta.a stated that he wend like a resolution involving a use permit with regulations but with some reservations that he would discuss later. The Mayor then read Resolution No. 29 *A RESOLUTION GRANTING CONDITIONAL USE PICRMITa. Councilman Williams stated that he would like to awed the resolution with an additional regulation involving time of th4 use permit. he felt that the operation of the quarry s hou l d be limited to the l engt h of period remaining in the lams e This he felt, would be a protection to the people living in the immediate area. He was of the opinion that the lease still had about seven years to go. After some discussion the following amendment was agreed upon by the Councilman: *This permit shall y automatically expire ten years from date thereof or upon expiration t er termination of that certain lease agreement dated June 25, 19 between Paul Masson Inc as lessor and Willis Bodoni as lessee covering the read. property hereinabove described, whichever event p is the first to occur'. Mayor Brazil moved for the adoption of the resolution as amended and corrected. Carried unanimously. Willis Bodoni of Saratoga spoke from the floor and asked when he could proceeed to meet the conditions of the lease and what conditions he had to meet to get his business in operation. The City Attorney declared that it was precedent upon a p e rf o rmanc a bond only. _7_ V BIDS 1. Saratoga Lighting District Th. Clerk ream a bid submitted by Pacific OSs and Ilect ria Co. dated July 17, 1957, and noted that no other bids were received.' Councilman Rosasco mowed that the P. G. d I. bid be accepted. Carried unanimously. The Clerk read a suggested *greenest between the City and P. G. d g. in oonnection with the Saratoga Lighting District said agreement to be dated June 26, 1957, and extending for five years. Sara Counsi lawn Langwi ll moved for execution of the agree- Light. District sent. Carried unanimously. Mayor Brazil moved that the formal resolution accepting the bid include a wailing of the performance bond, osrtifi.ewd check and that the lighting equipment be exactly in a ocordaaoe with plans and specifications as required in Section 18171 of the Streets and High- ways Code. Carried unanimously. VI ZONING PETITIONS 1. Dorothea Johnston C 5 The Clerk read a letter from the Planning Commission indicating that they had passed a resolution of f i rsa- tt vely recommending adoption by the City Council of C S D Jobs ton the p ropo s ed change in zoning. Mayor Brazil proposed a resolution No. 14 -05 -1 amending the zoning ordinance and directing the Clerk to set time and place for public hearing and ordering notice of hearing published. Councilman Jepson moved for adoption of this resolution No. 14- C5 -.1. Carried unanimously. _8.. VII ADMINISTRATIVE MATTERS A. MOMS OF COMMITTEES Mayor Brazil for the purpose of entering in to the public record read a latter dated August 2, 1957, from Robert Plaza Kirkwood, Controller of the State of California and dealing Kirkwood Letter with the highway project through the intersection at Big Basin Way and the Saratoga-Sunnyvale; Los Gatos-Saratoga Road. B. PERSONNEL None C. MANCIAL 1. Capt. McKenzie read his monthly Treasurer's Report, dated August 5, 1957. The Clerk read a report of disbursements totaling 112,465.94 for the month of July, 1957. Councilman Rosasco moved for approval of said disbureements. Carried unanimously. VIII FINAL MAPS 1. SDB #28 Ruth Allen Councilman Jepsen moved that the Clerk be directed SIA#28 R.Allen to sign said final map after it had been duly signed by the County Engineer. Carried unanimously. 2. SD 027 N. R. Piljevloh Mayor Brazil moved that the Clerk be directed to sign SD#27 the final map after it had been signed by the County Mtljevich Engineer nd after the proper improvement agreements had been signed. Carried unanimously. Mr. L1ewelyn Peek of Saratoga Ave., Saratoga, stated that he had reason to take issue with certain portions of Mr. at Kirkwood's letter. Mayor Brazil replied that/the Council Plaza meeting of August 21, 1957, members from the State Highway Dept would be present to explain the matter of the widen- ing of Highway 9 and the intersection at Big Basin Way and Highway 9 and that at that time Mr. Peck, or anyone else, could direct their questions to the Highway Dept. personnel. Councilman Jepson oved for adjournment at 10 :45 P. M. Carried unanimously. -10_ 0