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386 <br />whose specialty is condemnation trial work and recommended retaining this firm. <br />He advised of fees involved and fact that Leslie Properties, Inc., were to <br />reimburse District for total amount of all monies approved by Board of Directors <br />of theDistrict and necessarily expended by District to acquire such easements, <br />including reasonable court costs, appraisal and legal fees, if any. <br />On question, Councilman Henderson asked if acceptance of this recommendation was <br />legal, according to City's Charter, and if Acting City Attorney accepts this as <br />a proper procedure. Acting City Attorney advised he did in fact concur with <br />recommendation to retain outside counsel for this matter and is consistent with <br />— Charter and with position taken earlier on this matter, that this be done at <br />earliest possible time if associate attorney is to prepare case for court. <br />He further advised City will be officially represented by his office, as in <br />all cases, but would have the benefit of a specialist in the field for this <br />particular case. Acting City Attorney recommended any further discussion on <br />this matter should be held at an Executive Session. Motion carried unanimously <br />on roll call vote. <br />Mayor Herkner introduced Councilman Rosselli's son, Buck Rosselli,and extended Council's <br />best wishes for his enlistment service in the Navy and return to study pharmacy <br />in San Diego. <br />PUBLIC HEARING on Resolution of Intention to abandon spur track easement, declared <br />open and affidavits of publication and posting ordered filed. Staff report <br />advised utility companies and Department of Public Works had consented to the <br />abandonment which was requested by Ampex Corp. There being no communications <br />or oral protest, Councilman Keekley moved to close the public hearing, seconded <br />by Councilman Bury and carried. <br />Councilman Keekley moved to adopt RESOLUTION NO. 5597 VACATING AND ABANDONING <br />SPUR TRACK EASEMENT, seconded by Councilman Bury and carried unanimously on <br />roll call vote. <br />Recommendation of Charter Amendment Committee on matters relative to Municipal <br />Election, 1968. <br />Councilman Bury, Chairman of Committee, asked, if possible, that Charter Committee <br />be given another week to reconsider several of the proposed Charter amendments <br />and also to review in particular the separation of the proposed amendment on Vice <br />Mayor appointment and contingency fund of the Mayor as not related to each other. <br />He felt Council compensation details as to amount and effective date, and other <br />points should be further discussed by Committee before final presentation to <br />Council for acceptance. Councilman Petersen moved that item concerning Charter <br />Amendments and Appointment of Committee of Council for preparation of ballot <br />arguments be continued for one week, seconded by Councilman Rosselli. <br />FEB 5 's8 <br />