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HomeMy WebLinkAbout06-25-1957 City Council minutesSAR.. TOGA, CITY COUNCIL TIM1 : June 25, 1357, 7:50 -'•M• PLACE: Fireman's Hall, Oak ;street, S ratog , Calif. TYPE: Adjourned meeting - Rodoni Quarry Haring I ROLL CALL Present: Brazil, Jepsen,.Langwill, 'Ji111ams Absent: gosasco Mayor Brazil asked the oaponents whether they were r ^ady to produce their witnesses. ::ade Hover, 'kttorney from San Jose, stated that the Council has a legal duty to t_.ke action' on the facts al,t.-,eady presented and wished to ask for a dismissal of the case in that the facts presented do not warrant issuance of a Use Permit. He then recited several such facts, such as. substantial rights not affected; use established only in Mtirch 1956, operated illegally in County before incorporation and in the City thir=a- after; public interist not served by this cuarry; property right not clearly established; not established that use can b� operated in manner without effecting public welfare. Mr.3t2anley, Attorney from Cupertino, stated that the facts as nr- sented justify issuance of the yermit and complained that the dismissal motion had -ean made repeatedly and,reneatedly denied by the Mayor. City :Ittorney stated that it was the object of the h ?aring to get as many facts before the Council as possible and if motion was granteft, all facts may not be obtained. Mayor '3razil s"(',=.ted to the Council, "You.have heard the motion, that Is, "or a dismissal "; and in order to get the motion on the table, Mayor Brazil himself made the motion for dismissal. A vote was t.:ken: ayes, none; opposed, unanimous. Motion lost. -1- Mr..Hover then. filed the following exhibits: 1. Dr. Wayl��nd's st•.itement alre dy in the file; 2. Letter of June 2501957 from San Jose Engineering Pepartment, re specifications; 3. Letter from Frank E. Seeley Company, signed by H�i.bert H. Seeley; 14. Letter to the Tithes- Oboervor as of May 28, i95 ; 5. Petitions 'requesting abatement of quarry, alre;.dy in -Manning Commission file; and.containing approximately 100 names; 6. Letter of June 5, 1956 from a Mr.and Mrs. May; 7. Letter of John H. Skeggs dated May 31,1956; 8. Letter from Martin Hay, Inc., original of which is in the file. Mr. Hover then called Mr. H. E. Bailey of 21810-Mt. 3den Road, who suited he owns 55� acres at the corner of Mt. Eden and Pierce roads which he ;purchased for investment purposes. He claims to hive had an Interest in the property. of between 260,000 and :65,000 and st,-ted that part of the property, which is in. orchard, is farmed by Boisseranc. He stated that he-has hal some mild inouiries from.real estate agents iseluding Moser Ii'-alty and A. J. Wilson in the past and that,he will sell to anyone who wants to pay his price. fie Stated further he has had no firm offer because of the scar on the hill although under nuestioning he claimed that he had anprpximatel; a dozen prospects ov,:r a period-of several years. Mr. Bailey stated that his land looks directly onto the quarry and that he has the following oth-^r objections: dust; noise; tractor; unsightly e- osion; a.ccent,.2ated creek floods; haz ^rdous road conditions; depreciation of property. Cross nuestioning by Attorney Stanley indicated that he purchased the property in 1947, he paid 1,'35,OOO.for the same and.about 80% of the nrooerty was within the boun,-laries of Saratoga. The City Attorney asked Mr. Bailey if he ever listed the property with 1 -2- a real estate broker and Mr,`3ailey replied "Once" and that he had signed 'home sort" of a 30 -day document. 'He stated that his asking price was. ��150,000.00. The City ='.ttorney also elicited from Mr,Bailey that at the time he bought the property, he stated it would be worth :100,000.00 in twenty years. Mr. Hover asked Mr. Bailey whether or not he had voted for incorporation. Mayor Brazil stated that this question was irrevelent and had. no bearing on the hearing and ordered this line of inouiry dropped. Next witness called.by Mr.Hover was Mrs. Bailey of the above address. Mrs. Bailey stated that the.trucking.and tractors, except for the past two weeks, was nerve r -cking and that she was f arful of the children becouse of the trucks; that the dust was detrimental to hflalth but that the constant noise was the worse factor. She stated that it w -s a quiet neighborhood before the quarry came except for parties at Masson's. Councilman dilliams q.uestiobed i"rs.. Bailey, as to whether their dis- comfort was comparable to that of. Dr, ` ayland but they were unable: to offer any observation. Next witness called by Mr. Hover was John Me Laughlin, 21800 Via Regina, a .rai -ooga, who stated that the merry left a horrible sear on the hill and that there.was some noise although no dust in the area in which h? livbd. '='he truck traffic t-vas heavy. He commented that his wif? had' .had an accident with one of the 'trucks. Mr. Me Laughlin produced a map on w'•ich he pad. Indicated a radius of 4 50 feet f-om the quarry and further ird—lc�tted that there were 12 houses on Via ".e�;ina within a mile of the quarry. Mrs. Me Laughlin of 21800 Via Regina was called next arid in describing the accident mentioned by her husband, stated that a truck stopped quickly and that she had to stop quickly and that the children in the back seat were bruin d. She admitted under questioning that she did not make oont ct with the truck. Mrs. Me Laughlin also complained of the noise and dust. Nt this time, there was a ten minute recess. Mr. Mover recalled John. Me :Laughlin and offered as exhibit No. 9 a map of the U. S. G. S. Service, and upon cross qu ^istioninr, it was learned -3 that Mr. Me Laughlin counted the number of black squares as houses. Next witness called by Mr. Nover was Stewart H. Lyon, 3261 Ramona Street, pale :',ito, a raaltor employed by Stone and6hulte of San Jose, covering !Allow Glen, Saratoga andC:'mpbell. lie related a transaction with Dr. W,.yland .in .ypril of 1957 in which he had secured a buyer for the prooerty, by name, Blake T. Upton, 631 'Edith ,3treet, Los hltos, who paid a x`500.00 deposit with terms of keeping four acres of the Property for his own use and subdivide the other portion, approximately 10 acres. Price that the buyer agreed to pay was �651000.00 and in addition, the b ;yer was to pay the commission. After a period of 30 days, the buyer 'stated he did not wish to purchase the property and Fir. Lyon of the opinion he did not want to bty beonuse of the quarry, as Mr. Lyon stated th��t Mr. Upton kept bringing the ou =stun of the quarry up on many oc- asions. Cross questioning indicated that at no time did Mr. Upton actually say to Mr. Lyon that he did not wish to buy the property because of the quarry, and furt!,ermore, that the day he called to terminate the tr.-nsaotion, he merely stated, "I just don't feel sure of the deal ". Mr. ;tarley cross ouesti ^iced Mr. Lyon. Councilm,.n L- ngwill stated that in answer to uq$tion 7, Dr.Wt3yl nd, in his Afridavit contf:inec7 in the file, in'dic: -lted that the orly realtor he dealt with was a man by the. name of Seeley and that theta is no mention In the tiffia;.vit of the transaction with Mr. Lyon. Mr. Lyon at -ted, unvn further questicnina, tk-j�,:.t to thct best of, his recollection, Mr.W.ayland hid also listed his vroverty ,;ith Moser and Magnanni. Further (*u�stioning of Mr. Lyon developed that a w- -ter line would hc;ve to be run to the V yland property if it were to be- subdivided end th--,t tf)e cost of this was m - :tely ti.19,000.00. Next witness 0311ed by Mr. hiovi- uas one Louis Cavalla, 601 Commercial Building, S :n Jose, a. realtor and apnralser in San Joss-- for 35 years. He st -.ted in his opinion the .quarry is .a heavy Industrial opar,Ition and that -4- l that Mr. Me Laughlin counted the number of black squares as houses. Next witness called by Mr. Nover was Stewart H. Lyon, 3261 Ramona Street, pale :',ito, a raaltor employed by Stone and6hulte of San Jose, covering !Allow Glen, Saratoga andC:'mpbell. lie related a transaction with Dr. W,.yland .in .ypril of 1957 in which he had secured a buyer for the prooerty, by name, Blake T. Upton, 631 'Edith ,3treet, Los hltos, who paid a x`500.00 deposit with terms of keeping four acres of the Property for his own use and subdivide the other portion, approximately 10 acres. Price that the buyer agreed to pay was �651000.00 and in addition, the b ;yer was to pay the commission. After a period of 30 days, the buyer 'stated he did not wish to purchase the property and Fir. Lyon of the opinion he did not want to bty beonuse of the quarry, as Mr. Lyon stated th��t Mr. Upton kept bringing the ou =stun of the quarry up on many oc- asions. Cross questioning indicated that at no time did Mr. Upton actually say to Mr. Lyon that he did not wish to buy the property because of the quarry, and furt!,ermore, that the day he called to terminate the tr.-nsaotion, he merely stated, "I just don't feel sure of the deal ". Mr. ;tarley cross ouesti ^iced Mr. Lyon. Councilm,.n L- ngwill stated that in answer to uq$tion 7, Dr.Wt3yl nd, in his Afridavit contf:inec7 in the file, in'dic: -lted that the orly realtor he dealt with was a man by the. name of Seeley and that theta is no mention In the tiffia;.vit of the transaction with Mr. Lyon. Mr. Lyon at -ted, unvn further questicnina, tk-j�,:.t to thct best of, his recollection, Mr.W.ayland hid also listed his vroverty ,;ith Moser and Magnanni. Further (*u�stioning of Mr. Lyon developed that a w- -ter line would hc;ve to be run to the V yland property if it were to be- subdivided end th--,t tf)e cost of this was m - :tely ti.19,000.00. Next witness 0311ed by Mr. hiovi- uas one Louis Cavalla, 601 Commercial Building, S :n Jose, a. realtor and apnralser in San Joss-- for 35 years. He st -.ted in his opinion the .quarry is .a heavy Industrial opar,Ition and that -4- U dev-�,loners, stay away from It,. and that anyone considering; it should consider the notentiality I that the property surrounding it will be of necessity of a lower type. In his opinion, the quarry was very detrimental to values. cross ^uestioned. At this point, Mr.. Stanley and Mr. Hall ent=,red into arguments with the Council as to whether the bearing should be called at this hour or continued. It was agreed th-,t the hearing should be continued. Mr. (lover called '-J'Illis Podoni, Bohlman "load, S- ratonya, vho was auesti bed by Marshall Hall, Attorney for the opponents. '.,.'hen asked by Mr. Hall as to the amount of material taken out of the quarry daily, Mr. .1odoni stated he could not,remember actual figures but that one Mr. Sarl Foster of Cupertino, a public aeeoun,tant,"took care of these affairs. Mayor Br z.il questi.raod Mr.Ro'dani and elicited that the largest amount ever taken out in th.� day.was. around 1800 yards and this was taken . out for a period f about four days. That .a thousand yards were taken out for a'period of two w,eka and the remainder of the time the average was three to five hundred yards. He further learned th!t a yaYd amounts to 2600 pounds and that .therb is 18 yards to a truck. Mr. Hall asked Tyr. odoni when, to his knowledg ^, was an electrical crusher First suggested to him. The City `.ttorney st•ted that the auestion as to who suggested a crusher to him is irrevelent. Mir. Hall asked P;- .odoni "Did you ever make a proposal to the �lanni.ng Comvissicn "? The City Attorney stated that in an other a de noyo h ^wing he would, be entitled to ask this question. Ther? followed a period of argument between the attorneys regarding the ouestion of a crusher. Councilmen 1di11ic;7s stated tht t, since the hearing is, to bring out facts, he Could like to put into the record th-�t Councilmans Jensen, Brazil, himself -And the Clerk, on June 23, 1957, made a detailed investigation -5- r of the County Quarry and surrounding territory as w7!11 ,is the Rodoni �'uarry, and that will be in the record. A recess of 10 minutes was called. Mayor Brazil s'-, ted th t hn decided.. to make the .following ruling: 'fit ^e question of whera the ilea of a crusher came From is i.rrevelent because this is a hearing de novo. Secondly, the OueSt.on as to whether the qu :,irry, w ich is 4 commercial excavation Necessarily includes a method of extracting the natural muteriale is irrevelent.exceotto the extent that the particular method used would rel;jce the nuisance value -- this, of course, Would be taken into account. Marshall Hall ur. gued against this finding. M;,rshall Hall asked !V:.rodon1 if prior to April 1957 did he :!ver have any discussions., conf° recces or agreements as to what you want ^d in the Use P- ,rmit. Mayor Brazil inpuirrid ris to the r asons for this ^u-stion. Marshall Hall st ted he was prepared to prove that the applicant and the Planning Commission as well ris th,3 Council met outside a public h ,firing, and that th.(,-r,� were p7-ivate agreements and priv to contracts between the Planning Commission and•Mr.Rodoni not held before :ublic. hearings. The' Citry ttorney st-,�ted that he did not feel that this uas proper' questionir�7 at a de novo haring, and as to his reasons he would reduce th7M to writing if so requested preferring to do it in this manner because of the lateness of the hour, 12:15 2- % May I3r:izi1 reiterated once more the fact that the City Council could act as far as the Use P,-rmit is . concerned, in the f, ollowInx rn+�n^ers : 1. Fefuse it entirely; .2. Grant it on the came basis as tho :Plannin, Commission; 3. Grant it on any other basis. The City `attorney asked to auostion' Mr. xod:ont as' t.•; how much money he had in the o.uarry og4r­ tirn. Mr. . �odont. r -pliefl th".t he has between 1F3,000 and 1`.2.0,000 between he and his wife. Be estimated that his monthly net income was bptWee'n 7 ..1500 to ",:1?O'0.. He also stated that the ,uarry has been his sole source of income since -6- April 1956. J In answer to Mr. Hall's question regarding income, Mr- Bodoni stated that the 41500 to -1800 per month was net after the excav ^ting of roads, cost of eq"inment, taking off over - burden, surveying and attorneys fb ^s were paid. Mayor Brazi.1 asked Mr. Fod•.)ni if he could give the Council some idea of over what period of time he gut the y "18,000 tc "c2- , 000 into the business,. ynswer:, 2 years, Mr. Hall stated to the Council, th•.t'in the n S whenever he ias before a Planning Commission in re�­ ,rds to the overati� :n . of. a crust,, ' the �l ,nnirg Commission alw ys rgruired ?�1_.ns, snecifiewtions, etc. Attorney St -nley called attention to cert _ n n- avisions Ind specifI- cations in the ?lsnning: Commission report. The City Attorney asked Par. Bodoni if he had., had experience on ­oak crushers and grizzly bars•in the,east with Mr.uodoni replying if :ira:Alvuly. Asked which wire trP ,)uieter, Mr. T?odoni r­plied the crusher. Mayor Brazil st­t, cd t.h, t the matt r would be taken under a• ^vise^nent and t4at a recision would. be made foll.awing a public di,cussion by the Council in an op ^n .me.9,'-ing to be set in the n ^ar future. Councilman LF-n&ill mov,]d for :a j ©urnment 12:35 T C ^.rried unanimously. -7-