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Home My WebLink About09-06-1961 City Council Minutes SARATOGA CITY COUNCIL SIDLMARY OF MINUTES TINE: Wednesdays September 6, 1961 -7:30 P. M. pLACE: Fruitvale School, Fruitvale Avenue, Saratoga, California ~; TYPE: Regular Meeting ORC~ANXZATION Meeting called to nrder at 7:45 P. M. by Mayor Brazil A. ROLL CALL Present: Brazil, Drake, Harmon, Gleonons Langwill Absent: None B. MINUTES Metion by Councilman Langwi11; seconded by Councilman Martman approviug minutes of the meeting o£ August 16s 1961, and waiving the reading thereof; metton carried and go ordered. II BIDS AND CONTRACTS A. AWARD OF BIDS FOR CONSTRUCTION O~ HERRI2~AN AVENUE' BRIDGE WIDENING AND HERRIMAN AVENUE WIDENING FROM SARATOCA AVE. TO SARATOGA VISTA AVE. ~he clerk reported the bids received were opened at 2:00 P. M. September Herrlinen 6, 1961, and that lo~ bidder for Herr~ Avenue Bridge widening was Avenue - Bridge & Cecotti ond Son for $16,693.00 and Herri~u Avenue improv~.~nts low bidder was Bragato Paving Company for $28,609.00. The City Attorney bids reported that the bidders' bonds and per£orm~ee bonds were in proper order. ~lerk stated that the State Division of Highways has authorized awarding of the bids at this time and Director of Public Works reported that the contractor has 10 days within which to enter into the contract and i0 days Which to s att 20 aa s, e completion t~ of 75 calendar clays and that the contract contains a penalty clause, Councilman Hartman moved, seconded by Councilm~n Lang~ill to mqard the contracts to the low bidders tn e~¢h case, Bragate P~ving Cempeny and C~cotti and Son and to authorize the Hayor to execute the centfacts and award the s~a~, Metion carried un~m~m~usIy, CounCilm~, Glennon moveds seconded by CounCilm~an Lax~wlll that the Bends - Bragate amount 0f the Performance Bond be set at $28,609.00 end the Labor and Paving Co. .Materials Bond be $1~,304.50 for Bragate Pavin~ Cornpony for the improve- me~t of Herr~a Avenue. Metion carried una-~rn~usly. Bonds - Metion by Councilmen Har~ma~s seconded by Council~nR Drake to set the .. Cecotti & SOn PerfOrmance Bond at $16,693.00 end the Labor and Meterials Bond at $16s693.00 for Cecotti and Son for Marr~n~ Avenue Bridge widening. Metion carried una~rnoUs. ly. ea Im B. AI4ARD O~F BIDS FOR SEAL COATING ON CERTAIN STREETS IN CITY OF SARATOGA Clerk reported bids were received from Peterson Brothers for seal Seal coating, of 1 and screenings seal for $9,137.10 and from ~alott and Coating - Peterson-~rundy for slurry seal for $12~338.13. Councilman Drake of bids n~ved, seconded by Councilmen Gle~on to authorize the l~a+~)r to execute ~e con=rncts on both slnrr3~ seal and seal ceating at the prices quoted. ldotion c~ied ~nn{~usly and so ordered. Councilman L~will moved, seconded by Councilman Drake to set the Bonds- performance bond at $6,169.07 and Labor and [latefinis Bond at ~alott & Peterson- $6,169.07 for Halott & Peterson-Grundy for slurry seal of streets, end Grundy to set the Performance Bond at $4~568.55 and the Labor and Haterials Bond at $4,568.55 for Peterson Brothers for applying. bituminous seal Bonds- Peterson to certain streets in the City of Saratoga in accordance with the Bros. list of streets to be sealed. ~otion carried unanimously. 1II OPaINANCES AND RESOLUTIONS A. ORDINANCE NO. 4A~lS-1 Ord. Clerk gave second reading to Ordinance No. 4A-18~l and Councilm~- Bicycles Lan~will moved, deconded by Council~ Hartman to adopt Ordinance N0. 4A-18-1, amending Section 10.7.1-8 of Ordinance 4A-18 to conform with Santa Clara County Ord~-n~ce relative to duplicate issues of bicycle licenses. Mo~ian carried unanimously. B. ORDRUU~CE NS,5 SUBDIVISION ORDINANCE Councilman cl~an~n r~p~ed Ordo NS-5 the Subdivision Co-~dttee of the Planning Co~m~ssi0n ~0 gd over the Subdivis ion Ord. 58 points in the subdivision ordinance that were objected to by the engineers representing a Zroup of subdividers and builders. Be reported that, although they had arrived at a decision on each of these points, there remains one item of question, that of in-tract and out-of-tract drai-~Se and that e further meelin~ has been requested before reco,.~.~,d- ation fs made to the council. On this basis, and there being no objection, the Mayor ordered action on Ordinance NS-5 deferred until the next IV SUBDIVISION AND SITE APPROVALS A. ACCEPTANCE OF CONSTRUCTION - TRACT 2399 2399 On the recommendation of the Director of Public gorks, Councilman Accept. Langwi 11 Const. Hartman moved, seconded by Councilman/for acceptance of construction of improvements in Tract 2399. r~otion carried unanimously. B 2~ V PUBLIC It~RI~I~S None Vl ADI4INISTRATIVE t4A'a~S a ~PORTS A. ~YOR ~e ~yor ~u~ed that ~s. ~rothy P~r~ ~pu~y ~rec~or of Civil Civil ~fense ~ense ~fll be ~alable a~ the City Office on ~sday ~s Infom~ion Co distribute li~era~a and an~er ques~i~ ~ ~o civil defense procures in S~a~o~a. Also~ ~ha~ Civil ~e~e literature is ~ailabla a~ ~he City Hall a~ all B. F~CE Bills (1) Councll~ ~e ~ed, seconded by Co~il~ Gle~on ~o approve the dtsburs~enCs listed in Che ~unt o~ $4.092.32 and au~horize ~ha~ v~Cs ~ dr~ for paint of s~e. ~ion c~ied u~n~us ly. Fin~ce (2) City Clerk's Fin~c~ Report ~d ~e~ureris Rearms ~or Jdly Repute ~d Augusts 1961~ rare presented ~d Clerk ~ep~Ced that the auditors ~e prep~i~ a report 0f the a~usl audit of the books ~d that the auditi~ fi~ has ~o prepared a cash repor~ for publication. C. CO~CIL C~I~'~ES Roll ~ (1) ~cil~ Gle~on reported thac t~e req~sc for ann~ati~ o Hills '~a~ion appr~tely i0 ~cr~s ~n ROilt~s ~lls ~ has ~en re,erred ~o t~e ~1~ C~t~blon ~d ekere is n0 r~p~rt a~ ~hiS (2) CO~I'rl'~E ~T ON E~AY ~9 Co~ctlm~ Gle~on. as a --~r of the s~cial c~It~ee co~ sis~i~ of ~yor Brazil and b~m~elfs r~orCed that Chey had H~ay discussed the m~ter of Hig~ay ~ a~ le~h in ~ e~ort to ~9 ~ideni~ - ~o effect a c~pr~ise solution on the hi~ay probl~. Sp~i~ C~,~,.tt~ea reported that the c~ttee. after aareei~ that Che highvay Rep~ should be ~pr~ed as quickly ~ possible aM that ~ elec~i~ ~uld be ~sirable only i~ no other course were opens had ult~tely presented to the PI~ C~.~-~Jssion a da~ed Augus~ 28~ 1961~ requesting t--edtaCe co~idera~ion ~d action on the c~pr~se proposal ~ich vu the resul~ of car~ ful consi~raCion of ~he m~y faccors i~olved in this probl~. ~e ~morand~ proposed: (a) ~e general ~rov~nts and of ray ~o coincide vith ~he 1957 pl~ proposed by the S~ate Division of Highways subject to arrangements that might be made with the State to widen asymetrically to preserve bqildings and trees; and (b) Alteration of the 1957 proposal to provide for the preserverS. on and enla~Eement of Blanay Plaza ~hich would quire acquisition of rights of way by the City at an est~ted cost of $144,000,00. Council~n_ Gleanon further reported that the Planning Cc~ssien had unanimously endorsed the proposal and that the County and State had indicated, unofficially, that they would support a reasonable solutian which had the united support o£ the Council and Plannin~ Com~Lssion, Mayor Brazil, ravic~rln~ the action o~ the co~Attae, advocated the compromise p~oposal as a practical means of resolvin~, in a dem0cra~ic manner, the controversial issue of Highway #9, inasmuch as the opposin~ factions would concede to a compromise solution which might be acceptable to all the a~eneies involved £or the benefit of the community as a whole. Councilman Drake and Glennon discussed the proposed 90~ right of way which woul~ !pe~t any further four lane construction and Councilman Drake indicated that he would support the proposal of the s~eoial ed~n~e~ on the basis that if the County 'Shd State fail to support it, then the conceil would have soma assurance that further proposals could be presented in t~ma to affect improvement with next yearns State funds and County bond ~ight of way acquisition £unds. After further. discussion by the coancil and comments on the proposal by ~ws, F, yrtle ~ickey, ~r, Leo ~ichaelson, ~w. John B, Mannay and I~, Leon~_~d ~ada,-Counci~man Hartman moved, seconded by Councilman Drake to approve the August 28, 1961 repor.t and recommendation from the Special C~ttae on Highway #9, ~otion carried unanimously and .so o~darad. Recess and Reconvancd at 10:00 P. D. DEPAR~ HEADS AND OFFICERS ~he City Attorney approved, for fo~n, the right o~ way a~ra~.ts for four parcels of land bein~ acquired by the City on the portion of Herr~n Avenue for which a~ard of contract was authorized. man Glennon m~ved, seconded by Councilman Lan~ill to authorize the Ma~or to ~u~e ~he ~re~n~s wi~h: (1) ~al~er ~. & ~e~ Se~raves (2) Gilard M. ~d ~jo~ Palli~ (3) ~ber= L. ~ ~id ~s ~d Izet~a L. ~s~ave (4) ~ld H. ~d ~ri~ S=eili~ in ~o~= ~ ~o exceed $1~070.00. ~=ion c~ried uniquely. E. CI~ ~NIS~R (~) ~ =he b~is of ~he cou~ll's earlier ~ion reSardt~ Hi~hwa~ C~t1~ L~tll ~ed, seco~ed by Council~n H~n ~o C~cel ~ ~9 rescind Resolution No. 102, da~ed A~ust 2, 1961, 6alli~ a Election s~ctal elec~t~ on HtS~ay ~ proposition, and Co ~emtnate all .further pr~eedi~s. ~tton c~ied ~{m-usly. (2) Clerk repor=ed that =he State ~l~atio~ Bo~d ~e~i~ is Sch~l Dtst. held ~esday, ~p~ber 12 re school ~scricts s=om drainage SCorn ~a~e ~d rec~anded tha~ Sara~oSa be represented. ~er discussion, Mt g. C~. Atto~y .stared tha= e~he~ he would a~eud or have s~one rep=esen=L~ S~a~oge present. VII C~I~TIONS A. (1) Cl~rk presented a petition s~d by: ~s. I. ~th~lda Wiesen- d~er, ~. a~ ~s. J. K. O'Ne~ll, ~. ~d ~s. A. J. S=ree~ = N~ - ~d ~. a ~s, ~Ll~p Lively, req~S~ ~e p,~ o~ ~ ~r~Vate Bridle ~ = . ~ee rDad "B~idl~ ~ea L~e"~ City At~ey advised ~a~ tf i~ strictly a private stree~ ~e residents ~h~eives can n~ ~yor directed ~he Clerk to ~vlM ~ba residen~s ~ha~ si~e this is a private s~ree~ ~ not used coM~tly by ~he public ~bere is no offic~l action on this ~itton ~d i~ my be nMd by private interes~s and ~e Co~cil h~ no ob]ec~ion ~o the proposed. (2) Clerk read a letter from ~. ~is ~belle, req~st~ ex~ension of final buildi~ si~e appr~al SDR-134 to ~o~r 5, 1962. He SDR-134 ~belle- rec~nded appr~al of the reques~ si~e the n~ Subdivision ~ension of .B~ ~din~ce will. all~ ~wo ye~s expiration on buildl~ site appr~als aut~tically. ~e applican~ has posted $1,000. bond to ~e~ condi~ions, ~d Co~ci~ ~ ~ed, se~nded by ~ll~ R~n that ~he request for a o~ ye~ ex~ension by ~is Za~lle on final buildins si~e appr~ SDR. 134 be Sr~ed. ~io~ ~zied 7 Protest - (3) Clerk presented letters protesting open air sales at the Open PaW Sales S corner of Highway ~9 end Saratoga Avenue and stated that there is a Use Permit on file £oz this location, Mayor ordered this matter re£erred to the Plannin~ Cotemission. ORAL Councilman D~ake reported that he would be absent from the meetin~ of September 20° VIII ADJOUR~ENT Councilman Hartman moved to adjourn the meetinS; Councilman Glennon seconded the motion chich carried unanimously. 10:45 P. M. Respectfully submitted, ../~'s:;~/~.-[~/ / i!' /~" Gordon H, Howe, City Clerk