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HomeMy WebLinkAbout12/04/1961On motion of Mayor Davidson, seconded by Councilman Graves, the meeting adjourned to the City Hall. Approved this 4th day of December, 1961 ity erk SPECIAL CALLED MEETING OF THE CITY COUNCIL December 4, 1961 - -- 6:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson Roll Call PRESENT - Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller Clay P. Davidson Absent - Gerald W. Shipsey CITY STAFF PRESENT - Planning Director J. W. Abraham, City Attorney W. M. Houser, Administrative Officer R. D. Miller, City Engineer D. F. Romero, Police Chief Schofield, Fire Chief Schlobohm, City Clerk J. H. Fitzpatrick. S1. R. D. Miller, Administrative Officer announced the appointment of Virginia A. Overfield as stenographer in the City Clerk's Office effective January 1, 1961, with the recommendation that she start at the second step of $305 per month. Recommendation as to salary step approved on motion of Councilman Miller, seconded by Councilman Graves. S2. R. D. Miller, Administrative Officer announced the appointment of Lynne T. Stefanetti as typist -clerk at the library effective November 27, 1961, at $275 per month. S3. R. D. Miller, Administrative Officer requested Council authority to adver- tise for bids for 3/4 ton pickup truck, 4 wheel drive, with power takeoff and service body for Whale Rock Dam. Request approved on motion of Council- man Graves seconded by Councilman Miller. S4. On motion of Councilman Miller, seconded by Councilman Graves, the follow- ing resolution was introduced: RESOLUTION NO. 874 (1961 Series) "A resolution increasing the 1961 -62 Budget." Account No. 251.13, Library Trust Fund Purchases be increased by $25.00. Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: None ABSENT: Gerald W. Shipsey Councilman Shipsey took his seat at 6:40 P. M. Q15. For the Council's information a copy of the 1961 -62 budget of the County of San Luis Obispo, was ordered received and filed. S6. Report of the Administrative Officer, Mr. R. D. Miller, on availability of federal matching funds for Civil Defense Control Center, as per Council request, was ordered received and filed until such time as definite inform- ation was received on matching funds available at this time. S7. Communication from the Boy Scouts of America thanking the City Council for their help in making scouting successful in the community, was ordered received and filed. S8. Communication from William Schofield, Police Chief recommending that the City take advantage of services of the Bureau of Criminal Investigation and Identification in making a systems analysis of Police Department, and requested permission to go to Sacramento for orientation with the Department of Justice Staff. Request approved on motion of Councilman Graves, seconded by Councilwoman McNeil. S9. Proposal of Hutcheson; .Horn, Johnson, & Hey to perform auditing services for the City of San_ Luis Obispo referred to the City Attorney for review of contract and for consideration of the Council at the next regular meeting. S10. Communication from the San Luis Obispo Chamber of Commerce requesting that their contract with the City be renewed for the period January 1, 1962 to December 31, 196L, in the same amount ($6,000.00) as the past.year in monthly installments of $500.00. Councilman Miller requested that the Chamber of Commerce be required to submit a budget covering the work proposed to be done by the Chamber of Commerce for the City, just as any other City Department spending public funds is required to do. Councilman Graves agreed with the submission of .a budget by the Chamber of commerce and he could see no harm in requiring it as part of the con- tract. Councilman Shipsey stated he did not agree with the requirements of sub- mitting a budget as it would only be adeiquate if the City were paying for the entire operation of the Chamber of Commerce, and would only be needed when presented for funds for their entire operation. Councilwoman McNeil agreed with Councilman Shipsey stating she did not believe a budget for only a portion of the Chamber's operations coud be properly prepared. Mayor Davidson asked Mr. Freese, Chamber Secretary, if it were possible to present the council with a budget of the proposed expenditures of the City's contribution to the Chamber's operation prior to consideration by the Council of continuing the Chamber's present contract. Mr. Freese appeared before the City Council on behalf of the Chamber of Commerce and in answer to the City's request for a budget stated that while the City's contribution was not the major source of paying.£or their operation, it was a welcome aid in the Chamber's being able to do a good job for the community. Mr. Freese stated that the Chamber of Commerce would be able to present any final documents that the City would require to renew their con- tract, but that the Chamber budget would not be adopted until February, 1962, and the contract commences January 1, 1962. The City Council discussed the renewal of the contract between the City and the Chamber of Commerce. CCouncilman Miller suggested that the City give only half of the usual contribution to the Chamber of Commerce and use the other half to retain a consultant to make an adequate study of industrial growth of the City, as the present Industrial Committee ofthe Chamber of Commerce has done very little to encourage industry in this area. Mr. Freese stated that the Chamber of Commerce Committee could do very ' little to encourage industry into this area until the City Council decided what they were going to do regarding providing of sewer trunk lines to the industrial area, at which time the Chamber Committee could go out and recruit industry for the area. It was the common consent of the Council to hold this matter over until the next regular meeting to be held on December 18, 1961, at which time the City Council will be furnished with the past agreement with the Chamber. Mrs. Margaret Haugh appeared before the City Council asking the City to consider the placement of an automatic signal device on the corner of Walnut and Santa Rosa Streets for the safety of pedestrians and motorists at this busy intersection. Request referred totthe City Traffic Committee for investigation. 511. Communciation from Woods Animal Shelter Society regarding the renewal of the agreement between the City of San Luis Obispo and the society for animal control services. The society asked that the fees for services be increased, as the workload in the City takes a full time man to adequately patrol and handle the necessary details of humane work within the community. They asked that the 1962 agreement fee be increased from $300.00 to $575.00 per month. Mr. Joe Schneider, President of Wood's Animal Shelter Society appeared before the Council on behalf of the society and gave the reasons for requesting the increase in the Animal Control Agreement with the City ' listing statistics and work completed in the past year by the society for the City. R. D. Miller, Administrative Officer stated that if the Council went along with the request of the society, then the Council might wish to consider increasing the dog license fees so that dog owners would come closer to paying for the Humane Society services. After discussion by the City Council the following ordinance was introduced on motion of Mayor Davidson seconded by Councilman Miller: ORDINANCE NO..212 (1961 Series) "An ordinance amending the Municipal Code Section 4110.6 increasing dog registration fees." Passed to print on following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None S12. Communication from the Department of Water Resources notifying the City of an approved amendment 1, to the agreement with Angelo F. Mainini. This amendment extends the ponding rights in lower Old Creek Basin for an additional year, terminating on January 13, 1963. ' S13. Report of Brown & Caldwell, Consulting Engineers on water quality investigation of the City water system and report of December 4, 1961, by Price Thompson, Water Superintendent, on the Brown & Caldwell report were held over to the December 18, 1961, Council Meeting. S14. Report of David F. Romeroi City Engineer listing property which lies in blocks where 50% of the frontage is improved with curb, gutter and sidewalks, was discussed by the City Council. It was moved by Councilman Graves, seconded by Councilman Miller,that the City send out letters to the property owners concerned in the re- port announcing that the City plans to invoke provisions of the 1911 Street Improvement Act and have the sidewalks put in by June 30, 1962, after which time the City would have the work done and billed to the property owner. Councilman Shipsey suggested that the motion be amended to allow the City Council the right to review the letters going to the property owners prior to being mailed out. He also suggested that the letter ask for some sort of an answer from the property owner. On motion of Councilman Shipsey, seconded by Councilman Miller, to ' amend the original motion and have the City Attorney prepare a letter for the Council's consideration and mail out this letter immediately for their information. Motion as amended carried unanimously. S15. Proposed Uniform Traffic Ordinance for the City of San Luis Obispo was ordered held over for future study by the City Council. S16. R. D. Miller, Administrative Officer reported to the City Council on in- formation he received from George Clucas of Cal Poly regarding extension of Highland Drive through Cal Poly property between Cuesta Drive and Ferrini Road. Mr. Miller stated it was indicated Cal Poly would not at this time voluntarily deed full right -of -way to the City. Mr. Clucas also quoted section of Streets and Highways Code purporting to prevent the City from condemning right -of -way without college permission. Mr. William Houser, City Attorney stated upon question that he did not agree with the interpretation as presented by Mr. Clucas to the Admini- strative Officer, as he believed the City could condemn property owned by a State College for a public use, but he had not researched the entire problem, but information presented by Mr. Miller only dealt with roads presently within a college campus. Mayor Davidson suggested that Mr. Romero, City Engineer defer any work on the proposed extension of Highland Drive until the City is informed regarding Cal Poly's and the Division of Highway's plans for a street or extension in this area. 517. Communication from the Park & Recreation Commission requesting funds from the City Council to begin planting of wind, shade and flowering trees in the area proposed for development by the City. On motion of Councilman Miller, seconded by Councilman Shipsey, the fol- lowing resolution was introduced: RESOLUTION NO. 875 (1961 Series) "A resolution increasing the 1961 -62 budget. ", Acct. No. 252.6 Park Capital Outlay be increased by $1,530.00. Passed and adopted on following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ' ABSENT: None 518. Communication from the Central Coast Bus System requesting permission to meet with the Traffic Committee to make arrangements, if possible, for additional cab stands in the City of San Luis Obispo. On motion of Councilman Graves, seconded by Councilman Shipsey, request was referred to the Traffic Committee. 519. Communication from Fred's Taxi Service, Pismo Beach requesting that the City Council amend the Municipal Code to allow additional cab service in the City of San Luis Obispo. Mayor Davidson suggested that the City Traffic Committee study this request and make recommendations to the City Council. Councilman Shipsey disagreed and stated the Traffic Committee should not be the one to handle this matter as it deals with an ordinance which allowed a monopoly of one cab company and did not allow any competition. He believed it was the duty of the full Council to discuss this matter. Councilman Graves agreed that the Traffic Committee was not the proper group to study this request. Cn motion of Councilman Miller, seconded by Councilwoman McNeil, it was agreed that a Council Committee be appointed to study the request of Fred's Taxi Service and make recommendations to the City Council. Mayor Davidson appointed Councilman Graves and Councilman Miller as a Council Committee to study this matter. S20. Communication from the Tri County Mortgage Company requesting that the City Council give special and early consideration to a new interchange at the intersection of Marsh Street and 101 Freeway, due to their plans for developing the Bianchi Ranch west of the interchange. The City Council discussed the request of the Tri County Mortgage Company and D. F. Romero, City Engineer suggested that the City Council meet with representatives of the Division of Highways to discuss this matter, and they should be the ones to establish the primary studies, and then have the subdi- vider conform with the requirements of the Division of Highways. Special Meeting adjourned at 8:15 P. M. Approved this 18* -h day of December, 1961 , 00%0` — Ci Clerk CITY COUNCIL MEETING December 4, 1961 - -- 8:30 P. M. CITY HALL All Councilmen Present. 12. Communication from George W. Sleeter requesting an amendment to the Plumbing Code of the City of San Luis Obispo recognizing that general building con- tractors are generally licensed under the Business and Professions Code to do plumbing and electrical work as part of a major contract. Mr. Sleeter also presented the copy of an opinion of William L. Gonser, Deputy Attorney General of the State of California stating that general contractors could do work in two or more specialties as part of a pri- mary contract. Mr. Houser, City Attorney recommended that general contractors be allowed to secure specialty permits if they have a valid contract including two or more specialties. Mr. George Sleeter appeared before the City Council and read Section 7032 of the Business and Professions Code for Council information which stated the State Of California had pre - empted the field insofar as qualifications for building contractors, further, Mr. Sleeter stated that for 12 years he had received building, plumbing, and electrical permits from the Building Office in the City of San Luis Obispo and that just lately he has been denied per- mits on the basis of a City Ordinance which is contrary to the State Law insofar as general contractors are concerned. Councilman Graves asked what the City had done regarding establishing eximinations for qualifying Plumbers and Electricians to be issued permits in the City? J. W. Abraham, Planning Director answered that no progress had been made to date on this program. Mr. Sleeter stated he believed there was no reason for the City holding examinations as each trade or craft is qualified to do the work. Councilman Shipsey stated that the City request the League of California ' Cities to give an opinion of the City's ordinance on this matter to see if it is in accordance with state law. It was moved by Mayor Davidson that until this issue is settled that the Building Department be instructed to issue Plumbing and Building Permits to general contractors if holding valid contracts. Paul Jones representing the Plumber's Union stated many Cities in California have the same plumbing code as the one adopted by San Luis Obispo, and many Cities require the licensing of all journeymen plumbers, and stated that Mr. Sleeter was stretching the truth on the matter of general contractors, and further, requested that a copy of Mr. Sleeter's letter and the Attorney General's opinion be made available to the union for study. Motion died for lack of a second. It was moved by Councilman Shipsey, seconded by Councilman Graves, the City Attorney contact the League of California Cities regarding legality of the City's Plumbing Code, or suggestions to make it legal. Motion carried unanimously. Mr. Sleeter asked that the Council proceed as rapidly as possible on this determination as it is holding up contracts that he is working on. Approval' of the minutes of the regular meeting of November 20, and special meetings of November 15, 20, 27, and 28, 1961, were corrected as follows: Correction of Minutes of Special Meeting November 20, 1961, Item S3, to read as follows: RESOLUTION NO. 869 (1961 Series) "A resolution increasing the 1961 -62 budget." 1. That account No. 200.23, General Government - Weed Abatement be increased by $554.53. 2. That account No. 214.3 Street Materials and Supplies, be in- creased by $5,000.00. 3. That the unbudgeted reserve be decreased by $5,554.53. Mayor Clay P. Davidson stated "We are meeting here to further develop the City of San Luis Obispo's Civil Defense and Disaster Plan. This will be accomplished by the thoughtful consideration of this Disaster Council of suggested changes of the existing plan and incorporation of your ideas for and additions to the City's Plan. In view of the fact that adequate national preparedness can be achieved only if all levels of government are prepared to-cope with the effects of an attack within their jurisdictions. We must now take steps to review and modernize this City's plan to educate ourselves in the proper operation of the plan and coordinate our plan with the San Luis Obispo Councty Civil Defense and Disaster Council. In an address to the U. S. Vicil Defense Council in Los Angeles, Oct. 19, Assistant Secretary of Defense Stewart L. Pittman emphasized the need to build a strong structure of Civil Defense in America and said the fundamental is local Civid Defense Organization. "This means active support of municipal and county Civil Defense Directors," Mr. Pittman said. "Without a strong helping hand from mayors, county commissioners and other local officials and representatives, adequate progress in this direction is impossible." Mr. Pittman told the Council that "The problem and the solution begin and end with tens of thousands of individual communities throughout the country. If the catastrophic event we prepare for should ever occur, each community must look forward to standing on its own feet, alone, maybe for a matter of days, maybe for a few weeks, maybe longer... My point is very simple: Civil Defense, to be real, requires organization and some training of people; this can only happen where people want it; they willl want it-when they under- stand the facts... Your Government assumes primary responsibility for the defense of the country and will give full support to the community effort to prepare to survive. 4. That account number 252.6 Park Capital Outlay, be increased by $250.00. Correction of Minutes of Regular Meeting November 20, 1961, Item 2, to read as follows: ORDINANCE NO. 208, .(1961 Series) "An ordinance selling property north of ' Madonna Road and east of the 101 Freeway. Correction of Minutes of Special Meeting November 27, 1961, Item 1, to read as follows: Mayor Clay P. Davidson stated "We are meeting here to further develop the City of San Luis Obispo's Civil Defense and Disaster Plan. This will be accomplished by the thoughtful consideration of this Disaster Council of suggested changes of the existing plan and incorporation of your ideas for and additions to the City's Plan. In view of the fact that adequate national preparedness can be achieved only if all levels of government are prepared to-cope with the effects of an attack within their jurisdictions. We must now take steps to review and modernize this City's plan to educate ourselves in the proper operation of the plan and coordinate our plan with the San Luis Obispo Councty Civil Defense and Disaster Council. In an address to the U. S. Vicil Defense Council in Los Angeles, Oct. 19, Assistant Secretary of Defense Stewart L. Pittman emphasized the need to build a strong structure of Civil Defense in America and said the fundamental is local Civid Defense Organization. "This means active support of municipal and county Civil Defense Directors," Mr. Pittman said. "Without a strong helping hand from mayors, county commissioners and other local officials and representatives, adequate progress in this direction is impossible." Mr. Pittman told the Council that "The problem and the solution begin and end with tens of thousands of individual communities throughout the country. If the catastrophic event we prepare for should ever occur, each community must look forward to standing on its own feet, alone, maybe for a matter of days, maybe for a few weeks, maybe longer... My point is very simple: Civil Defense, to be real, requires organization and some training of people; this can only happen where people want it; they willl want it-when they under- stand the facts... Your Government assumes primary responsibility for the defense of the country and will give full support to the community effort to prepare to survive. The statement continued as per minutes of November 27, with the inclusion of names of alternates for Gerald.W. Shipsey as follows: Gerald W. Shipsey - Cliff Chelquist, J. Dan O'Donnell, John Seitz and also inserting: Mayor's statement continued before resuming Mayor's last paragraph. On motion of Councilman Graves, seconded by Councilwoman McNeil, the minutes of all meetins were approved as corrected. 8. At this time the City Council held a public hearing on the recommendation of the City Planning Commission to rezone portions of Lots 1, 2, 4, & 5, Block 37, Old Town, from R -4 to C -2. The Mayor declared the public hearing open. The Mayor declared the public hearing closed. The following ordinance was introduced on motion of Councilman Miller, seconded by Councilman Graves: ORDINANCE NO. 215 (1961 Series) "An ordinance amending the zoning map of the City of San Luis Obispo." Passed to print on following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 9. At this time the City Council held a public auction on the sale of the City Maintenance Yard at 351 Santa Barbara Avenue. The Mayor declared the public auction open. Mr. George Weigl:on behalf of his mother Mrs. Elizabeth Weig bid $12,000. There being no other bidders the auction was closed and the bid of Elizabeth Weig accepted. The following ordinance was introduced on motion of Councilman Shipsey seconded by Councilman Miller; ORDINANCE NO. 213 (1961 Series) "An ordinance selling City property located at 351 Santa Barbara Avenue." Passed to print on following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 1. At this time the City Council considered amending the Municipal Code to allow regular council meetins to start at 6:30 P. M. The City Council discussed the proposal to change the starting.time of all regualr meet- ings in lieu of calling special meetins for 6:30 P. M., and having the special meetings continue over into the regular meeting. After discussion it was moved by Councilman Miller, seconded by Mayor Davidson that the following ordinance be introduced: ORDINANCE NO. 214 (1961 Series) "An ordinance repealing section 2100 of the San Luis Obispo Municipal Code." Passed to print on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: Gerald W. Shipsey ABSENT: None 1 1 U 10. At this time the City Council held a public hearing on the appeal of Robert E. Todd, 1592 Palm Street from the denial of a variance request by the City Planning Commission of 5 Ft. in required side yard in R -4 zone, and a variance to allow coverage within the rear yard in excess of that allowed under the code. Mr. Todd appeared before the Council requesting that he be allowed to amend his variance request to only be 5 ft. variance in the required side yard in the R -4 zone, and that he would comply with the 50% of the rear yard area in his building and he asked that he be allowed the 15 ft. setback from Grove Street the same as all the other property owners on this block. 1 Mr. Abraham, Planning Director explained to the City Council the problem involved in this matter in the enforcement of the provisions of the municipal code. Members of the City Council and City Staff discussed at length the interpretation-of the Municipal Code definitions for rear yard areas as first applied to the Todd, and similar properties. It was moved by Councilman Graves, seconded by Councilman Miller, that a 5 ft. variance in the side yard setback be granted, and the applicant comply with that portion of the code allowing only 30% of the rear yard to be covered. Motion carried on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Clay P. Davidson NOES: Gerald W. Shipsey ABSENT: None 3. Communication from the City Planning Department forwarding recommendation of adoption of final map Tract No. 223, Ferrini heights No. 4. Mr. Romero, Citv Engineer, presented for the City Council the map and sub- division agreement for Tract No. 223, and listed the following conditions as a requirement of final approval: As provided in the San Luis Obispo Municipal Code, Section 7500, Chapter 5, the subdivider shall deposit with the City the sum of $1400 based upon a charge of $35 per sanitary service connection, as payment for use of existing .sanitary sewer transmission faci- lities. 2. An exception allowing Patricia Drive to have a 52 foot right -of- way, 40 ft. roadway with 6 foot sidewalks is granted. 3. An exception allowing Patricia Drive to utilize a 250 foot radius curve is granted. 4. An exception to the fence requirement along the creek.is granted. 5. An exception allowing street grades in excess of 7% is granted. 6. Street tree planting is exempted to this subdivision. 7. Patricia Drive northerly of Clover. Drive may be developed as a half street at this time since it will serve only lot 7, Block D. 8. The cul -de -sac at the end of Al -Hill Drive shall be rough graded and the fill slopes planted and maintained by the developer. 9. The water level in the reservoir shall be controlled in a manner approved by the City Engineer. Mr. Romero, City Engineer recommended approval of the subdivision as all engineer - plans and specifications have been filed and are technically correct. Mr. Romero also requested the Council approval of allowing Mr. Felton Ferrini to file only 11% of the construction costs for inspection fees which has been the normal pro- cedure in the Ferrini Tracts because they agree if the costs go higher, they will pay up to 3% if required by the City. After some discussion by the Council regarding the requirements of street trees in subdivisions in which the lots are sold without improvements it was moved by Councilman Graves, seconded by Councilman Miller, that the Planning Commission be instructed to require subdividers to post a cash bond in lieu of the street trees so that the trees can be placed by the City after the property is sold and developed. Moticn carried. On motion of Councilman Shipsey, seconded by Councilman Miller, the follow- ing resolution was introduced: RESOLUTION NO. 878 (1961 Series) "A resolution approving the final map of Tract 223, Ferrini Heights Unit No. 4." , Passed and adopted on following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald [d. Shipsey, Clay P. Davidson NOES: None ABSENT: None On motion of Councilman Shipsey, seconded by Councilman Miller, the follow- ing resolution was introduced: RESOLUTION NO. 876 (1961 Series) "A resolution increasing the 1961 -62 budget," that Acct. No. 211.15, Ferrini Inspection Fees #5 be added in the amount of $975.00; that account number 200.19, Animal Control Program, be increased by $1,650.00; that the unbudgeted reserve be decreased by $2,625.00. Passed and adopted on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 2. City Clerk reported that the following bid was received for Comprehensive General Public Liability Policy and Automobile Fleet Insurance Policy for the period December 7, 1961 to December 7, 1962 in the amount of $11,988 from Atkinson & Hollister bidding for the Farmers Insurance Group. It was the recommendation of the City Clerk that the bid of Atkinson and Hollister be accepted by the City. It was moved by Councilman Shipsey, seconded by Councilman Miller that the bid of Atkinson & Hollister be accepted. 4. The City Council considered the final passage of: ORDINANCE NO. 207 (1961 Series) "An ordinance amending the Uniform Building Code in regard to awnings. "Which would have allowed the lowest part of any movable awning or hood frame shall be not less than 7 ft. above the ground immediately below, and the lowest part of any fringe attached to such,awn- ing or hood shall be not less that 6 ft. 4 in. above the grade immediately below. Mayor Davidson explained the reasons for requesting this amendment was that all present hoods and awnings are at the 7 ft. height and it would be extreme- ly difficult for the City to require all the awnings to be raised to the height required by the building code. Mr. J. W. Abraham, Planning Director objected to this proposed amendment of the Uniform Building Code for the following reasons: "The amendment to the code would not make all existing awnings meet the code because a number of awnings are lower than the proposed amendment. The building department would not require that all awnings now be made to conform unless the City Council direct that this be done. Any awning rebuilt or reconstructed would be required to meet the building code as written. The 8 ft. distance under the code is an arbitrary distance but a uniform distance and is the specified minimum height for canopies, signs, marquees and many other appendages overhanging public property." Councilman Shipsey stated he did not believe the City should amend its codes in order to take care of violations to that code, but believed the City should establish a standard and make future awnings and hoods comply with that stan- dard. Councilman Graves agreed with Councilman Shipsey that the City should not amend the Uniform Building Code to legalize non - conforming awnings and hoods. Mr. D. F. Romero, City Engineer urged that the City Council not make any changes or amendments to the Uniform Building Code as any amendment weakens the code and makes enforcement very difficult. Further, he stated that he ' believed that the strength of the Uniform Building Code was that it esta- blished minimum Standards which were used and recognized throughout the State of California. On motion of Mayor Davidson, seconded by Councilwoman McNeil,for final passage of ordinance no. 207. Final passage denied on the following roll call vote: AYES: Miss Margaret M. McNeil, Clay P. Davidson NOES: R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey ABSENT: None 5. At this time the City Council considered final passage of: ORDINANCE NO. 108 (1961 Series) "An ordinance selling property north of Madonna Road and east of 101 Freeway to the State of California. ". Finally passed on motion of Councilman Shipsey, seconded by Councilman Graves, on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT: None 6. At this time the City Council considered final passage of: ORDINANCE NO. 209 (1961 Series) "An ordinance selling property west of Madonna Road interchange to the State of California." Finally passed and adopted on motion of Councilman Shipsey, seconded by Councilman Miller on the following roll call vote: AYES: Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ABSENT:: NONE 7. At this time the City Council considered final passage of: ORDINANCE NO. 110 (1961 Series) "An ordinance leasing pasture rights on the City Sewer Farm." Finally passed on motion cf Councilman Graves, seconded by Councilwoman McNeil on the following roll call vote: AYES: ' Miss Margaret M. McNeil, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey, Clay P. Davidson NOES: None ASSENT: None 11. Mr. Houser, City Attorney briefed the documents presented to the City Council by Dr. Harper regarding recreation and camping at Salinas Reservior. Mr. Houser recommended that the County Health Officers be asked to meet with the Citv Council to explain the health risks involved if recreation and camping were allowed at Salinas Reservoir.