1968 339- 485 _ 1-8 to 4-15-1968

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On question, Councilman Keckley indicated his approval of City Manager's re- port and recommendation, but specifically asked whether the Council's Reso- lution imposing certain conditions on property owners involved, such as hold harmless releases and certain other escrow instructions should be reviewed for possible change or maintained as stated. Councilman Rosselli indicated he did not desire change of conditions imposed by Council, but felt all parties should be contacted after this action and further attempt made to get releases necessary as soon as possible. Acting City Attorney interrupted the discussion being held as well outside the ambit of the subject matter under Council's consideration at this time and because of fact conferences had been held with attorneys for various parties involved in this situation; a number of issues were involved which were not yet resolved, which basically touched on legal liabilities of City and other parties, cautioned Council against proceeding along lines of present discus- sion. "Mayor concurred and asked that there be no further discussion on these lines." In reply to further questioning as to length of time needed to initiate cor- rective improvements, City Manager advised property owners involved had been in agreement that releases would not be given to City until such time as plans had been prepared by qualified soils engineers to give them some certainty work proposed would effect a "cure" of the situation, and since plans now available are based on soil engineers' recommendation, it seemed possible releases might be forthcoming. Acting City Attorney advised the 45 days holding period would give ample time to complete required conditions as all parties involved and attorneys connected therewith had been advised of proposed action before Council at this time and fully aware of implications of the action. City Attorney also advised one legal action now pending against the City in this matter. In answer to further questioning as to proposed corrective con- struction, whether easements necessary and obtained, City Manager advised more fully on construction proposals and escrow procedures. Acting City Attorney summarized situation in that City would take title to two lots at top of the slide area with present owners furnishing releases to the City, and a like sit- uation involved for the lower three lots on Farm Hill Blvd., City not other- wise being capable of entering private property and do improvement work for private purposes. He cautioned Council again to refrain from discussion not directly related to proposed corrective work involved in this specific instance and recommended as being necessary at this time. Both City Manager and Director of Public works RP 26'66