HomeMy WebLinkAbout06/09/1986CITY COUNCIL
TOM OF LOS ALTOS HILTS
26379 Fremont Road
Los Altos Hills, California
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Mornay, June 9, 1986
co: Reel 178, Tr. I, Side II, 554-910
Mayor Fuhrman called the Adjourned Regular Meeting of the City Council to order
at 2:00 p.m. in the Council Chambers at Tan Hall.
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Present: Mayor Fuh� and Councilmenbers Dxonkert, Tryon and van Tanel.en
Absent: Mayor Pro Tan Rydell
Staff: City Manager George Scarborough, Assistant City Attorney Susan
St. Clair, City Engineer Michael Enright and City Clerk Pat Dowd
Press: Shannon Rasmussen, Peninsula Times Trilxme
B. PUBLIC BEARING:
1. Resolution 9 declaring that the public interest and necessity
i require the acquisition of certain interests in properties located
in the vicinity of Fremont Road (S -Curve Project - Lands of Miller,
Fremont Road - eminent domain)
Council had before then the City Engineer's report dated 5/29/86 which outlined
the reasons for acquisition of right-of-way from the Lards of Miller. In part,
the report states that a portion of the proposed retaining wall would extend
outside of the existing right-of-way, the existing utility poles will have to
be relocated, and it would be difficult for adequate construction access to
the job unless the Miller's right-of-way could be used.
The Assistant City Attorney ted that at this time the Council should
receive testimony and documentation as to whether the public interest and
necessity require the acquisition of the interests in real property from the
Lands of Miller, whether the project as planned will be copatible with the
greatest public good and least private injury, and whether the property interests
sought to be acquired are necessary for the construction of the Fremont Road
Project.
Mr. Anthony Lagorio, attorney for Mr. and Mrs. Miller, addressed the Council
with e o cuing concerns: drainage, emsron, sound wall and landscaping.
Each of these matters were of great concern to his clients and he particularly
asked that staff carefully look into the drainage and erosion issues.
Mr. Miller, 25561 Fremont Road, aamnented that originally the area under dis-
cussion was supposed to be a path only. However, it was not built to specifica-
tions nor maintained by the Town. The drainage problem as well as the noise
and safety problems were ongoing concerns and in the case of the drainage matter,
a costly issue. The trees along the S -Curve, which would be removed with this
project, protected their borne not only from noise but from the possibility of
out -of -control vehicles. In particular, Mr. Miller stated that he had had an
CITY COUNCIL MINUTES - June 9, 1986
`r B. PUBLIC HEARINGS: Item 1 - Lands of Miller (continued):
Patricia Dowd, City Clerk
DsC
unfortunate experience with the Edith Avenue Bridqe Proiect and chancres made
to that project of which he had not been advised and Which, in his opinion,
affected him adversely. In the case of the &[unr Project, he wanted to be
quite sure that his concerns were addressed.
Mrs. Miller, 25561 Fremont Road, asked the Council wily the sound wall had
been eliminated from the project. It was hes understanding from earlier
plans that one would be included in the project.
Council discussed the project and made the findings that the public interest
and necessity require the acquisition of certain interests in properties
located in the vicinity of Fremont Road, specifically the Lands of Miller.
YMION SDOOMIDID AND CARRIED: Moved by Dronkert, seconded by van Tamelen and
passed unanimously by all nmioers present to adopt Resolution #80-86 declaring
that the public interest and necessity require the aogquisition of certain
interests in properties located in the vicinity of Fremont Road (Lands of Muller,
25561 Fremont Iniad)
C.
FREM M ROAD S -CURVE OONPRAdT:
The City Manager noted that these had been a typographical error in the contract
approved by the Council on June 4th; the term of the contract should be sixty
days not ninety days. While the contractor was aware of this term, the City
Manager, for reasons of clarity, wanted this correction brought back to the
Council for notation. In addition, a clause had been added to the contract
stating that 'Should the owner fail to obtain the necessary right of ways and
the City Engineer causes the work to be ceased, owner will only be obligated
to pay to contractor actual expenses for materials and labor expended by contractor
to the date of cessation ofwork(as defined in the specifications as "Force
Account Work", Section XI - Changes and Extra hbrk, found at pages 33 and 34 of
said specifications.' This protected the Town while the issue was being worked
on with the Millers and the contractor had agreed to the inclusion of the clause.
MOTION SEC0.NIDID AMID CARRIED: Moved by van Tamelen, seconded by Fuhxman and passed
by the following roll call vote to include the amendments to the contract with
O'Grady for the Fremont Road S -Curve Project as stated by the City Manager.
AYES: Mayor Fuhrman and Councilmemhers Tryon and van Tamelen
NOES: Coancilmenber Dronkert
ABSENT: Mayor Pm Ten Ryrdell
D.
ADJOURNMENT:
There being no furher new or old business to discuss, the City Council adjourned
at 2:55 p.m.
Respectfully submitted,
Patricia Dowd, City Clerk
DsC