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HomeMy WebLinkAbout10-02-1957 City Council minutes ro SARATOGA CITY COUNCIL TIME: October 2, 1957, 7:30 P.M. PLLCI: Fireman's Hail, Oak Street, Saratoga, California TYPE: Blimlar Meeting I ROUTINE ORGANIZATION A. ROLL CALL Priseint: Brazil, Jepson, Langwill, Rosasco Williams Absent: None B. MINUTES Councilman Jepson moved that the reading of the minutes be waived and that they be accepted as written. Carried unan imous ly II PETITIONS AND GRIEVANCES A. ORAL COMMUNICATIONS 1. Boris Stanley, attorney for the Saratoga Gravel Corp. Mr. Stanley addressed the Council with reference to two items in the conditional use permit granted the Saratoga Gravel Corp., the first item being the 115,000.00 faithful performance bond. Mr. Stanley stated that the Saratoga gavel Corp. was unable to obtain the bond due to the strict c and i tuns of the use permit and the absolute discretion of the City Eodoni Council in its enforcement. He referred to a letter QuarrY from an insurance company stating the refusal of that company to bond the gravel corporation. He stated. that $1 to $5,OOO.00 was the average amount of a faithful performance bond for a quarry. The second item referred to was the limitation on daily loadings. Mr. Stanley stated that the normal limitations on loadings were o yearly average rather than a dal. ge. Mr. Stanley stated that his client would be forced to operate in the County area. He pointed out that his -1- client would comply to the extent that he could with the regulations of the City of Saratoga but that they would apply to the County for relief in that area whloh Is in Cownty jurisdiction. In summation he statad that the two Items referred to were insurmount- able to his client and it was difficult to do anything further under the nonditions as set by the Council. 2 Mrs. F. Redd, 21995 Via Regina Road, asked the Council what they were going to do bout the Cocciardi Quarry. Cocciardi quarry The Mayor stated that the quarry would be discussed at its proper place on the agenda. B. WRITTEN REWESTS FOR ACTION 1. Highway 9 Project 'The Clerk cited the following letters with reference to the Highway 9 widening project. Letter from Noble Wiley Jones, from Col. Harrison G. Crocker, Bluford M. and. Alice W. Thornton, copy of a letter from S. M. Smith to Lorrill A. Palm, letter from Mr. and Mrs. John C. Highway 9 Kopriva, and covering letter for petition submitted by Project Saratoga Highway Assoc. signed by Henry L. Ingham, P President. The Clerk read the petition of the Saratoga Highway Assoc. The Clerk also cited a petition to the City Council Ilrginw, the widening and improvement of Highway 9 in the interests of public safety Ifsld economy, submitted to the City offices October 2, 1957. 2. Cocciardi Quarry The Clerk cited all letters in the file recelvd since Cocciardi the City Council meeIrr of September 18, 1957. A Zuarry letter from Assistan City Attorney William G. Clark, dated October 1, 1957, was re by ¥h Clerlc, des- cribing powers to rstrict truck tr9ve1 on Pierce ""•oad. ate Mayor requ ested an opinion from the City Attorney p on means of prohibiting the quarry itself. The City Attorney gave ave a history of zoning and quarry use e in the area and said that the quarry was now a non- conforming use and that it could not expand beyond the extent of its operations or July 17, 1957. The City Attorney explained that if the quarry has b een expanded and since July 17 it can be enjoined from further expansion beyond the extent of its operations as of that date. The City Attorney further stated that present zoning prohibits opening new quarries after July 17, 1957. The City Attor stated that apart from the zoning regulations involved that if the operation was offen- sire to the public health, safety, morals and welfare and that if it constituted an unreasonable interference with the property rights of adjacent owners that it may be prohibited by the Superior Court. Iii response to the request of the City Attorney for further information on the expansion of the quarry since July 17, Mrs. F. Redd of Via Regina answered questions on the following subjects by the City Attorney Extent of operations in July, extent of operations in the last six months on 1956 and the first six months of 1957, evidence of scarring the hillside, number of trucks per day since operation started in September, type of equipment operated in the quarry since July, 1957, extent of dust, fumes and noise, type of operation on weekends, and means of taking vehicle counts. Fr. W. A. Thomas, 21955 Via Regina, stated that he wished to corroborate the testimony given by Mrs. Redd and to add that there were certain other types of _3_ equipment being used in the quarry. Mr. Thomas described the hours of tho average working day in the quarry and stated that he had first noticed the new operation on the 10th of July and had called the City offices on the 12th. Mr. Thomas submitted a photograph of what is a present area of quarry expansion shown as it existed in the summer of 1956 with no quarry operation visible. Mr. Thomas described the location of his house in its relation to the quarry operation. He also described the type of road used by the quarry and answered other questions regarding the nature of the quarry operation. Mr. Thomas gave his reasons for stating that the quarry as it existed now was a new operation. Mrs. Nelson, of Pierce Road, stated that she had heard a rumor that the Santa Clara Sand and Gravel Co. had leased the quarry from C o cc i s rd i. The Mayor directed the City Attorney to make further inquiry and to advise the Council as to what could be done to control the quarry. Councilman Jepson moved that the City Attorney be directed to take legal steps to do whatever is necessary to abate the quarry to the extent warranted including an injunction if necessary. Carried unanimously. Kr. E. Contanche, Pierce Road, declared his feelings as to the obnoxious nature of the quarry and suggested that the Council take other steps to regulate the trucks. He suggested closing Pierce Road to all vehicular traffic and setting a l mile per hour speed limit to force trucks off the road. The City Attorney stated that regardless of city desires to limit speed that the State had occupied the ft•ld and that the speed limit could be reduced to only 25 tiles per hour. Col. Jahn H. Sks►ggs Pierce Road, stated that the trueks using the Coociardi quarry were up to the legal limits on length width and height and that Pierce Road was in bad shape and could not stand further traffic of this kind. Con mailman Roses= stated that he would later in the meeting suggest that 30 miles an hour be set as a spied limit on Pierce Road in compliance with a study of traffic in the area male by the Sheriff's Office. Mrs. Wayland, Pierce Road, referred to the P.odoni quarry and asked what steps the City was taking to Bodoni Quarry control violations of the conditional• use permit granted to the Saratoga Gravel Co. The City Attorney stated that in a few days time it would run out on fulfillment on several conditions and that nos►-- coscplianoe would best be evidenced by viola- tions of several conditions. He further stated that the Court would weigh all conditions and that it would be wise to wait a few days for furtl-:1r viola- tione to occur. 3. The Clerk read a letter from Theo. P. Williams des- cribing the problems of creek overflow in the Piedmont Road area. The Mayor referred the problem to Councilman Langwillts Piedmor t Rd. committee and asked that the City office take necessary Flood Control steps to get in touch with the proper Flood Control authorities. 4. The Clerk read a letter from the Saratoga Chamber of C. of C. Co rerce with reference to city plans for recreational Recreation Area areas. 5_ Mayor Brazil stated that he would ts.ke charge of this problem and speak to the Chamber of Commerce president personally with regafed to it. III FINAL MAPS 1. SD 27 Mil j ev ioh, M. R. Councilman Rosasco moved that the Mayor be directed to execute the subdivision improvement agreement with SD 27 the developers of this tract. Carrimd unanimously. Mil jevich, M.R. Mr. Paul Hanson and Mr. A. A. Dempsey, both of Sara toga, discussed the problem of letters of assignment of funds with the City Attorney and the Council. 2. SD 35 Allendale Oaks Councilman Williams moved that the Council adopt the standard form of subdivision acceptance resolution subject to the approval of the documents and financial "D 35 Allendale arrangements for form and completeness by the City Oaks Attorney and the City Clerk _tnd further that the Mayor be authorized to sign the subdivision' improvement agreement. Carried unanimously. IV ORDINANCES 1. No. 20 Saratoga Annexation 1957 -2 The Clerk read AN ORDINANCE OF TYE CI T7, 7, Or' :SARA TO ter. Ord. No. 20 AP RO MO "HE A VEXATION TO SAID CITY CF CEBTAI j,_ Sara.Arnex. 1957 -2 INHABITED ?E RITOBY DESIGNATED AS tt )AFATCGA A=MA- �rXA.- TIC! 1957-2". This being the second reading of s id ordinance Counci im9n Jepsen Tcved th t the ordinance be adopted reLid. Crried unanimously. 2. The Clerk explained to the Council that certain recent zoning or ►inncesd filed tc :receive a proper second reading, in compliance wit Covernrnen t code. The Clerk read the title cf rdin;. -uce No. 3-W-1, AN Ord 3-3C-1 ORDINANCE OF F CIW OF A HE :E OF CTIDINANCE 1.0. 2-A OF 4.L&.' C I T: C%: ua nci lman Jepsen moved that the ordinrce be adopted. Carried urnimously. 3. The Clerk read the title of Ordinance No. 3ZCu2, AN ORDINANCE OF THE CITY OF SARATOGA REPEALING A Ord. No. 3 -EC- -2 PORTION OF ORDINANCE 3 -A OF SAID CITY. Councilman Eosasao moved that the ordinance be adopted. Carried unanimously. 4. The Clerk read the title of Ordinance No. 3-ZC AN ORDINANCE OF THE CITY OF SARATOGA REPEALING A PORTION Ord. No. 3-ZC..3 OF ORDINANCE NO. 3.-A OF SAID CITY. Councilmen Williams moved that the ordinance be adopted. Carried unanimously. V RESOLUTIONS A. FORMAL 1. No. 35 Acceptance of triangular area at Park Place and Oak Place. T he Mayor read the proposed resolution, A RESOLUTION Res. 35 OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING Accept. of Park DEDICATION. Councilman Jepson moved the adoption of Triangle the resolution as read. Carried unanimously. The City Attorney requested that the title company be furnished with a certified copy of the resolution. vi ADMINISTRATIVE MATTERS A. REPORTS OF COMMITTEES 1. Councilman Williams read a report on the proposed Ci,io Center site. He described the search for properties along Saratoga Ave. and other areas and the prices involved. Councilman Jeepsen discussed the Civic potential of the orchard or the property to be optioned,. Center Option Councilman Williams discussed the price, the method of payment and the commission to be paid the real estate broker. The Mayor moved that the option be taken by the City and that Councilman Williams be reimbursed for the purchase of same. w M Mr, J. B. Smith, 521 South San Tomas, Campbell, asked if the a ity could afford the property and still maintain the present tax rate. In answer the Mayer stated that the auditor's report showed ample cash available but that in order to keep an idequate reserve the City was using time payments. The Mayor explained that the City included 13 square miles and that not just the village center but all the area was inside the City. He further stated that the geographic center was at Herrtman and Saratoga Vista and that the population center would be very close to the proposed Civic Center site within 15 to 20 years. Mr. A. A. Dempsey of Saratoga complimented the Council on what in his feeling was an excellent purchase and proposed Civic Center site and stated further that it would be foolish to expand in the downtown area. Mr. Cotanche of Pierce Rd. asked for an explanation why eminent domain had not been used to secure a site on Saratoga Avenue. It was explained by the Council that eminent domain is more costly and that it is also unfair to the property owner. Mrs. Keller of Pierce Road asked if the Civic Center property would he available for public use before civic buildings were built upon it. The Mayor stated that proposed uses in the interim between building of municipal offices on the site have not been thoroughly discussed by the Council but that it was his fiieeltng that it could be used as a recreation area. The Mayor further stated that the 60 days period of the option gives the Council time to discuss the ramifications of use in the future. The Mayor's motion was brought to a vote and carried unanimously. r 2 Councilman p Co ilman Bole** reported on Police matters. He stated that children riding bicycles on the sidewalks Bicycles in the downtown area °rested a hazard for pedestrians and asked for cooperation from the sohools and parents to e oatrol dangerous bisyle riding. Councilman Rosana() stilted that as a result of traffic) studies na► s by the Sheriff's office he was recommend- ing a )0 mile per hour speed limit on Pierce Road. and Speed limits a 35 mile per hour speed limit on Sobay Road. Council- man Rosasco moved that the City Attorney be instructed to prepare ordinances to adopt the recommended speed limits. Carried unanimously. 3. Councilman Jepson reported on road work and described Bond work the patching, painting of crosswalks and repaving of Bslleeourt Road and Douglas Lane. B. FINANCIAL 1. The audit prepared by Peat, Marwick and Mitchell was discussed by the Council. The Mayor summarized Exhibits Audit B and C with special reference to unappropriated surpluses. Councilman Rosasco moved that the audit be adopted. Carried unanimously. 2. The City Treasurer gave his report for the month of September. 3. The Clerk reported on disbursements for the month of September and requested approval for same from the Council. Councilman Jepsen moved that the bills be approved and that warrants be drawn. Carried unt mno u s ly The Mayor read a letter from Mrs. D. R. Carmichael dated September 30, 1957 regarding the need for pedestrian right Quito Rd. Sidewalk of -way along Quito Road. The letter was referred to the Committee on Roads for further study. Councilman Rosasco moved that the mertirg be adjourned at 11:01 P.M. Carried unanimously. 75 Present 2 Press -g..,