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HomeMy WebLinkAbout06/12/1961SPECIAL CALLED CITY COUNCIL MEETING June 12, 1961 - -- 7:30 P. M. CITY HALL ROLL CALL: Present - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson. Absent - Gerald W. Shipsey. I CITY STAFF PRESENT: Administrative Officer Miller, City Attorney Housee, City Clerk Fitzpatrick. ---- ---- - - ----- 1. Mayor Clay P. Davidson proposed to the City Council that it reconsider the matter of condemnation of the Maino Construction Company property on Broad Street, primarily for the reason that the City does not have funds available at this time to deposit for the condemnation suit. Richard D. Miller, Administrative Officer, briefed the Council on the present status of funds and listed funds that would be available for Council's expenditure. Mr. Houser, City Attorney, explained steps taken to date on the condemnation such as acquisition of title policy, quotes from appraisors, etc, and he sug -, gested that the City Council decide at this time whether to proceed with the condemnation or not. Mr. Houser also reported to the City Council on his discussion with Mr. T. Maino during which he advised Mr. Maino that the City Council can with- draw from the condemnation suit at any time up to and including the time of the court decision. Mayor Davidson recommended that the City Council withdraw its condemnation ' suit against the Maino property and let the newly passed setback ordinance take effect for the setbacks-on his building. The Mayor stated that the addi- tional over -costs on the Whale Rock Project have added to the City's pre- sent financial difficulties and he urged that the City Council abandon the condemnation suit due to budget considerations and lack of available money to pay for the property. Councilman Graves suggested that the City Council meet again with Mr. Maino, explaining the City Council's reasons'foi dropping the condemnation suit due to budget considerations and lack of available money to pay for the property. Motion by Councilwoman McNeil that the condemnation suit-be dropped and that Mr. Maino be notified and be invited to a meeting of the City Council if he so desires, so that the Council may discuss reasons for dropping the suit. Councilman Graves asked could the Council hold off abandoning the suit until Mr. Maino had been notified and had an opportunity to meet with the City Council. Mr. Graves further stated that he believed Mr. Maino had, been damaged by the Council's action on the setback, and that the City should at least pay for the widening taken for the new building; because after Mr. Maino had made the necessary studies for construction for a new addition, the City Council passed a setback ordinance and the City Council had substantially damaged his property, as he originally submitted plans based on the existing City regulations and ordinances, and he now has to go to the expense of preparing and submitting a second set of plans to conform wrth the Council's action;-and now if the condemnation suit is dropped, the City is morally and financially responsible for the extra expense in this matter. Councilman Miller stated that the City Council has already made a decision to condemn the Maino property, but now that the City cannot afford to pay for the widening we wish to drop the suit, also the City has protected itself by passing a setback ordinance, that accomplishes the same thing as the con- demnation. He believes that Mr. Maino should be given the opportunity to discuss the matter of dropping the condemnation suit with the Council before this action is taken. Motion denied for lack of a second. 2. Mr. Miller, Administrative Officer, presented a report to the City Council on a meeting held with City Representatives and State Officials regarding .the over -costs on the Whale Rock Project, and the possibility of extension or deferment of interest on these over - costs. (see report R. D. Miller dated June 12,1961) a): Richard D. Miller then presented for the City Council's consideration a release and agreement to settle the final claim of the contractors, Morrison - Knudsen Company and Darkenwold Construction Company, Inc., for additional cost to the dam and recommended that the City Council officially approve the contracbor's claim of the City's share of $29,607 to complete action on the matter which had been given informal approval several weeks ago by the previous Council. , RESOLUTION NO. 811 (1961 Series), "A Resolution Authorizing Approval of Agreement and Release Entered into between the State of California and Morrison- Knudsen Company, Inc., and Darkenwold Construction Company, and Joint Venture" was passed and adopted-on motion of Councilman Miller, se- conded by Councilman Graves, on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Miss Margaret M. McNeil. NOES: None ABSENT: Gerald W. Shipsey b) Mr. Miller, Administrative Officer, then presented another agreement amending the agreement for construction and operation of the Whale Rock Project. RESOLUTION NO. 812 (1961 Series), "A Resolution Authorizing Execution.of Amendment No. 2 to Agreement for Construction and Operation of the Whale Rock Project, San Luis Obispo County" was passed and adopted by motion of Councilman Graves, seconded by Councilwoman McNeil on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Miss Margaret M. McNeil. NOES: None ABSENT: Gerald W. Shipley.:: c) Administrative Officer Miller then presented a third agreement which would amend the agreement between the Department of Water Resources and the City of San Luis Obispo, dated June 12, 1961, profiding for the deferment of certain payments by the City to the State of California for its share of the Whale Rock Project. RESOLUTION NO. 813 (1961 Series), "A Resolution Authorizing Execution of Amendment to Agreement Between the Department of Water Resources and the City of San Luis Obispo" was passed and adopted on the motion of Council- woman McNeil, seconded by Councilman Miller, on the following roll call vote: AYES: May P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Miss Margaret M. McNeil., NOES: None ABSENT: Gerald W. Shipsey. Mr. Miller, Administrative Officer, stated that he would be willing to give up his Friday afternoon, June 16, from Coastal Days and hand carry the necessary agreements from the City to the individual departments in Sacra- mento. On motion of Councilwoman McNeil, seconded by Councilman Miller, Richard D. Mili6r was authorized to hand carry the necessary agreements to Sacramento with the City's paying the necessary transportation from San Luis Obispo to Sacramento and return. 3. Mayor Davidson brought up the matter of the signs on Santa Rosa Street reading, "No= Stopping" and suggested that the City Council establish a policy of non - enforcement of the original ordinances and request the Public Works Department to cover the signs until the new ordinance is in effect and order