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08/02/1971
LOSALTOSHILLS
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08/02/1971
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Minutes
Date
1971-08-02
Description
Regular Meeting Minutes
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L In my opinion, each parcel assessed will receive an enhancement in value in excess <br />of the proposed assessment against it. Each parcel of property will receive a <br />special benefit by the ensuring to it of such capacity rights and rights of service <br />and use in order that a modern, efficient and publicly owned and operated sewer <br />system will become available to the properties when required. <br />Dated: August 2, 1971. <br />Tom rngineer <br />The Mayor then stated it was time to read the written protests. Discussion followec <br />as to the necessity of reading all the protests. It was announced that all persons, <br />including Councilmen, wishing the written protests to be read could have them read. <br />If no one wished them read, they would be summarized and all protests considered <br />by the Council. No one wished the protests to be read in their entirety. <br />The City Clerk was asked to report on the protests and endorsements received. The <br />City Clerk reported that �,7 letters of protest, representing 143 assessment numbers <br />had been received. Of these it was noted that 41 of these parcels were owned by <br />Mr. F. W. Saul, Los Altos, and were zero assessments. In addition, 207 post <br />cards had been submitted, but they were addressed to: <br />Residential Property Owners <br />Los Altos Hills <br />Box 583 <br />Los Altos, California 94022 <br />These cards signed by Los Altos Hills citizens residing within the Sewer Assessment <br />District No. 9 referenced their name and address; their S.A.D. #9 assessment number <br />and the assessor's parcel number of their property. The card provided two blocks <br />for checking -- one protested the S.A.D. #9 assessment, and the other urged repeal <br />of Resolution No. 458 (Town Sewer Policy). The City Clerk stated that of the 209 <br />cards received, 180 of them protested their S.A.D. ;=9 assessment, and urged repeal <br />of Resolution No. 458. The remaining 29 cards protested their S. A. D. #9 assess- <br />ment but did not indicate objection to the sewer policy Resolution No. 458. <br />Council discussion evolved around the legality of the 209 signed cards as to <br />whether they were valid protests since they were not actually addressed to the City <br />Council. The City Attorney and Mr. Phil D. Assaf, Attorney of Work, stated that <br />the cards should have been addressed to the City Council and should have stated <br />the basis upon which the protest was made, either to the extent of the district, <br />the method of spreading the assessment or the acouisitions to be made. Since the <br />cards did not so indicate, but protested only Sewer Assessment District No. 9 <br />and/or the Town policy, the attorney indicated that the cards were not actually <br />technically legal protests. However the Council was advised that they could <br />consider them in their deliberation. Speaking from the floor, Mr. Michael <br />DiLeonardc, 400 Sunnyvale Office Center, Sunnyvale, stated that he was an attorney <br />representing a number of property owners opposing this assessment district, and <br />that his clients had advised him that Staff had led them to believe upon informing <br />them of their intent to solicit protests, that the cards would be a legally effect- <br />ive method of so doing. Staff discussion noted that they had advised persons <br />
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