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HomeMy WebLinkAbout06-20-1957 City Council minutesLIARATOGA CITY C3UNCIL TIMv: 7:45 P. N., June 20, 1957 PLACE: 'Fireman's mall, Oak Street, `-�nratoga, California. TYPE: Special Meeting re Appeal on iodoni Use hermit I I10LL CALL Present: Brazil, Jepson, Rosasco, 1- 1illiams Absent: Langwill Mayor Brazil opened the hearing by stating that the Council would continue to hear arguments supporting the property right in the affected area. The Clerk read an affidavit of Willis Rodoni dated 6/13/57 and also an affidavit of Otto E. Meyer, Vice President of caul Masson Inc., dated June 12, 1957• ,Attorney Wade rover objected as to the above being: improper. Boris Stanley, Attorney for the proponents, introduced documentary evidence to which the opposing; attorneys objected. `rhe mayor asked. Mr. Hall to hold, objections until 11r. = tenlfy had introduced his evidence. '.rte evidence, as introduced, is as follows: Exhibit A - better from :dean x Borgne dated 7/23/54 Lxhibit 3 - Letter from Pillsbury, t.;adison & rlutro dated 7/26/54 t-xhibit C - Statement from the Chief Inspector of the . -�anta Clara County Engineering Dept. dated 5131156 exhibit D - Statement of Kenneth Cushman with no date .exhibit E - Statement of Abbott Hanks dated 6/22/54 covering a geological report which Mr. Stanley asked. that the Clerk not retain as it is the only copy available and therefore was removed from the file. - :xhibit - A map of the entire area, being a zoning map, which Mr. 4tanley asked to withdraw after examination by the Council insomuch as it was the only copy he possessed. -1- Exhibit G - Section 12 of the County Zoning r.agulations. At this point, - _ttorney atanl -y- called as a critn�ss Willis Rodoni. At the beginning of the testimony, there were many obj4ctions by Attorneys Hall and Hover with rebuttals by ;Manley. Mayor Brazil reiterated that the duties of theCouncil and the responsibilities were to give a full and fair he- -ring to all and this v ould be rigidly followed. Attorney Stanley continued to question Mr.rodoni about the typography of the area, veg= tenon, etc. Mr. Bodoni also brought out that the Stet? D.- p,:rtment of Industrial Relations, 960 Market Street, oan Fri }ncisco 3, California, had had repres- WI-3,tives in the area on sev:�ral occasions to test the amount of dust in the air and they had made no comDlaints. Attorney Stanley -uestioned Mr. Bodoni regarding traffic signs, the pres?ncs of dynamiting, adequate dust control, the number of people In the area of the quarry, operation hours, ingress and egress routes, as per the agreement of the i-'lanning Commission and the operation of a crusher. Next witness called by Mr. Stanley was a Mr. zrthur C. Kennedy, estimator for A. J. Raisch Paving Company since 1951. He testified as to the duality of the material taken out of the quarry and the need for same. Mr. Hall cross- auestioned Mr. Kennedy at length r�r.1rding the amount of material used by the City of San Jose, the availability of material and how much material was purchased from the Rodoni Quarry between April 1956 and May, 1957 (the answer being 20,000 yards). Attorney Hall also brou ,ght out that the gravel was hauled in trucks owned by the -aisch Company and that the route was down Digs 3asin through the City and most of the gravel was used on subdivisions on Sarltog,_A .venue in the vicinity of the Dempsey Tract. Attorney Hall, at the conclusion of the ruestioning, stated that In his opinion, there was several other outfits awaiting the outcome of this hearing before starting quarries of their own in the immediate area. -2- The next witness called by Attorney Stanley was one Bruoe Kann, a resident of San Jose and a salesman for Edward E. Bacon Company for two years - dealers in construction siuipment. Mr. Kann was questioned concerning the oiler tion of a crusher which he stated could be enclosed In an aluminium structure with insullatin7 material hung between the outside of the structure and the crusher to out down on the noise. He stated that there were a number of different type crushers that could be used but in a direct question as to whether this crusher would cause the same amount of noise as was evident during the old operations; i.e., with grizzle bars, he was of the opinion that both operations would cause about the same amount of noise. It was brought out by Mr. Hall, in questioning Mr. Kann, that it is probable that a crusher taking a fourteen to sixteen inch rock would be used by .Bodoni and he admitted that there were larger rooks than this bring quarried. He stated in a direct question as to the disposal of these larger rocks that they would h -c-,ve to be cast aside and could not go through the crasher. In a direct answer to the Mayor as to the a_oproximate cost o" a crusher the answer was 445,000. A recess was called at 9150 P.M. The next witness called by Mr.Stanley was Clarence Neale who et-ted that he has been open ting a business on H17hway . #9 known as The Barn in Sar tog" for a number'of years and that Willis Fodoni was a close personal friend of his. He had been asked by Mr. Rodoni to clock mileages and amours other. information. He stated that the distance from the Saratoga sr.vml Company to the Saratoga ar -mmar School in two miles; from the the quarry to the Catholic Church, 1.7 miles; from the quarry to the County Pit .9 mile. He stated, further that the nearest subdivision (Evans) to the quarry was 1.6 miles. He stated that his observations indicated that them were no more than four homes within a mile of the quarry and in his opinion, there were no more than thirteen people residing in the same area. -3- • The next witness called by Mr. Stanley was Lmr,�tt T. Gatewood, who stated th_.t he has begin a licensed realtor since 1950 in Los Gatos. In questioning as to the effect of the quarry on property in its imm-di 'te area, he did not feel that the ou rry would materially harm the pro;o-:�rty inthe area and felt that the popularity of the area would over -ride possible objections to the quarry. H'3 used the Greenwood subdivision just beyond the Saratoga City Limits and the Wildwood Eele-hts uh ivision as examoles of oronertins which havi some derog:- tort' f -.,atu r'',s but Wiich h !.ve been selling c °_uite easily. Mr. ,t--�nley stated that he had heard that a tent °1.tive ton had been ;ubmitt^d to the City of Saratoga for a subdivision which was within a v try short aistarace of the quarry and that it was located on the old 3ois eranc orop rty. Firs. ^ller, of fierce Road, asked Ei'^ . Gatewood whether or not, in his opinion, a ouarry in the Glen Una Area would have any ef:ect on that !;r2a. Mr. Gatewood seated that it v :oul^ be impossible to have a qu,irry in thnt area since it is zoned RE9.B4 wher -3s the o.u•-.rry in question is in an are- zoned A2 : B4. Mr. Hall and IVir. Hover ouestioned 11r. G.-�tewood �zt length and ?licited the information that In Mr. G tewood's opinion, the pror)erty in the area vlas selling for -:,2500 - ,':3500 per acre. He could snake no estim. to of the value of the nrooerty if the ouarry was not over °.time. Mr. Stanley at this time indicated th -t he wished to testify hims ^lf ,,end medicated th,,t from his notes that the assessed valuation for t?!.e Whalen property in 1954 was X6, 380. He was nreventod f-om proce-d in? with figures for 1_'ter years by the objections of Or. hall and, IAr.. Hover, however, the Kayor allowed him, to give the assessment numbers for 1955 -56 (150418) and for 1956-57 (232989)• Theso record number s, if checked at th,7: assessors office would show the assessment records cortainlDg the v�alu')tion of thgoo properties. .:.t this point, Varshall Nall moved, for dismissal of the hermit. ..ayor :_'razil stated that it was not a court of l��w an,+ refused a dis'nis � -,al. -4- Councilman Williams stated that th - people in the audience and the I Cr. Hall asked If he cOulI ' call one witness before the h arirg was al�ourr,id an,-j gr rated Permission. This was Mrs. Robert Keller of 13745 Pierce Road who stoat that she had lived at that address for 2.4 yon.--,rs and the addreqs was 112 mile from the Mt. Eden Road. She stated that the truck traffic on Pjapoo Road was incessant w"Ich the use permit had no jur"o-d'etion as far as the expelling of du t, etc.. Al't this POInto the CI'Ay Attornoy Indicated that the indication of Attorney stari.,,y rebutted indicating th,"t If the quarry Operatlors were to follow UP to the letter the Use ""nrirdt conditions -at the prasent tire, Such "s T-,)Ut In a costly cr�.isl-,,er Qnrj than fini thhit thirty days from now the Use Permit was • be wlthlrawn by the Council, It would caul a tremendous finUnclal hardship. He Irdicated that they were willing to m9 et the conditions Just as soon as th air was cle%r*d. Mrs. Keller stated thet the douncll should consider how the Use Permit Is to be Policed In the future. Mayor 3razil moved for IdJournment and suggested thit the hearinq� be continued at an adjourned meetinir,, on T'uesdayj June 25, 1957 fat 7:30 Ctirried unantmously. Present' 30 plus 1 press