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HomeMy WebLinkAbout02/15/1965REGULAR MEETING OF CITY COUNCIL February 15, 1965 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald 0. Miller, Clell W. Whelchel City Staff Present: P. Chapman, Director of Planning & Building; J. H. Fitzpatrick, City Clerk; W. M. Houser, City Attorney; R. D. Miller, Administrative Officer; D. F. Romero, City Engineer; L. Schlobohm, Fire Chief; W. -Jchofield, Police Chief; E. P. Thompson, Water Superintendent. On motion of Councilman Graves, seconded by Councilman Whelchel, the minutes of the City Council meeting of February 1, 1965, were approved as corrected. They were corrected as follows: Page 4, Line 1 - Mrs. Hansen's name should be Hazel Hansen, instead of Hazel Halven. On motion of Councilman Miller, seconded by Councilwoman McNeil, claims against the City for the month of February, 1965 were approved, subject to the approval of the Administrative officer. 1. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1373, a resolution reducing the various Equipment Replacement budget items to reflect unspent portions thereof and making inter -fund transfers from various funds to the Equipment Replacement Fund. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald I. Miller, Clell W. Whelchel NOES: None ABSENT: None 2. On motion of Councilman Miller, seconded by Councilwoman McNeil, the following resolution was introduced. Resolution No. 1377, a resolution increasing the 1964 -65 Budget. (Accounts 208.9, 251.7, 251.8, 793 and 798) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel 1 NOES: None ABSENT: None 3. On motion of Councilman Graves, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1379, a resolution increasing the 1964 -65 Budget. (Account No. 225, Mission Plaza, by $13,000.00) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald 1. Miller, Clell W. Whelchel 1 1 1 City Council Minutes February 15, 1965 Page -2- NOES: None ABSENT: None 4. The City Council discussed with the Planning Director the suggested provisions of the Underground Utility Ordinance prepared by the Planning Department. Mr. Lee Ballatti, Pacific Telephone & Telegraph Company, stated that tine telephone company has worked with the City for 1i years, up until December 31, 1964, on an Underground Utility ordinance, at which time the proposed ordinance was completely changed and he did not recognize the ordinance being presented and asked that a thirty (30) day delay for consideration by the City Council be granted so that representatives of the City and the utility companies can discuss this matter and resolve the differences in the proposal. On motion of Councilman Miller, seconded by Councilman Graves, action was deferred on this matter until next meeting. Bud Hoffman, P. G. & E. Company, also agreed with the request of Lee Ballatti for a two (2) week delay for restudy due to protest by the P. G. & E. officials from their headquarters and asked that delay be granted so that P. G. & E. representatives could meet with City officials and bring the ordinance in accordance with the original proposal. Motion carried. 5. At this time the City Council discussed Ordinance No. 301, an ordinance amending certain provisions of the Municipal Code for collection and disposal of garbage, providing for compulsory service and amending garbage rates. City Attorney Houser, at the request of the Council, briefly explained the reason for the new ordinance, the requirement of compulsory services, collection by the City and new rates. Don Burns appeared before the City Council objecting to the provision of mandatory collection of garbage and also objected to collection of fees by the City with the water and sewer bills. He further stated he objected as a taxpayer to the City collecting for a private organization. He felt that water and sewer bills sent out by the City are high enough. R. D. Miller, Administrative Officer, stated that under the proposed new procedure, the City would be compensated for collection services by an increase in franchise payment from 2 3/4% to 5 %. Councilman Graves explained the difference in garbage collection rates if the mandatory provision were not included. Also, he stated that if every- one did as Mr. Burns stated and burned his trash, then the next step would be to outlaw any outside burning. Councilman Miller explained to Mr. Burns the reasons and background for the Council requiring compulsory garbage service and collection by the City. Councilman Whelchel stated that upon further investigation, he found that in California most cities supply garbage and refuse at general taxpayer's expense and that he now feels that the present Council proposal is fair. Mrs. Abott objected to the proposed ordinance due to the requirement of compulsory service and also objected to the proposed rate increase with present poor service. She also felt that it was unfair to pay for service in advance. City Council Minutes February 15, 1965 Page -3- Mrs. Abott also stated that she disagreed with the City requiring a cut and fill operation which enhances some individual private property at the expense of her trash rates. On motion of Councilman Graves, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 301, an ordinance amending certain provisions of the Municipal Code for collection and disposal of garbage, providing for compulsory service and amending garbage rates. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald 0. Miller, Clell W. Whelchel NOES: None ABSENT: None Mayor Davidson stated he voted for the ordinance because it is the best that the majority seem to desire, but he objected to the ordinance in that it does not go far enough as he felt that the rate should be $2.50 with no burning allowed and that the service should include pick -up of all rubbish from the property which would make for a cleaner City. 6. At this time the City Attorney presented Ordinance No. 303, an ordinance requiring right -of -way dedication and improvement on major streets that will require widening. Mr. Rouser, City Attorney, explained the provisions of the proposed ordinance, particularly with reference to R -3 or less restrictively zoned property. Councilman Graves suggested that Section 9310 (A) (1), second sentence, be made to agree with the City's existing subdivision ordinance that requires a minimum of sixty (60) foot width with minimum area of 6,000 square feet. City Attorney Houser explained the reason for the recommendation of fifty (50) feet minimum width and 5,000 square feet of area, that in setting the proposed minimums, the Council would be recognizing the older existing lots and their policy of permitting construction on fifty (50) foot lots of record as of a prior date. Councilman Miller stated he agreed with Councilman Graves that the width and areas should be the minimum required in the Subdivision Ordinance. On motion of Councilman Graves, seconded by Councilman Whelchel, that Section 9310 (A) (1) be amended to read sixty (60) feet minimum width and 6,000 square feet of area. Motion carried. On motion of Councilman Graves, seconded by Councilman Whelchel, the following ordinance was introduced. Ordinance No. 303, an ordinance requiring right -of -way dedication and improvement on major streets that will require widening. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald ').. Miller, C1ell W. Whelchel NOES: None ABSENT: None 1 1 1 City Council Minutes February 15, 1965 Page -4- 7. At this time the City Council held a public hearing on the recommendation of the Planning Commission to rezone from R -4 to C -2 Lots 7, 82 14 and 15, Block 6 of the Murray and Church Addition. Mayor Davidson declared the public hearing open. Planning Director Chapman reported that the Planning Commission held two public hearings on the requested rezoning and no one appeared in opposition and that several persons appeared on behalf of the rezoning. Mr. Chapman stated that the Planning Commission unanimously recommended the rezoning to the Council. Charles Kamm, realtor, representing both buyer and seller, introduced Mr. Allan Perris, representing G. H. Lewis Realty Company, owners of Purity Store properties, stated that the Purity Stores Company was going to build a new 12,000 square foot store on the parcel with 95 off - street parking spaces. They are also planning on building 7,500 square feet of other store area. Also, the present store building on the corner of Marsh and Broad Streets is being turned over to a bank for development. Herb Rasmussen, San Luis Obispo National Bank, appeared before the Council and stated that if the rezoning is approved and negotiations can be satisfactorily completed, his bank would take over old Purity Store, demolish the building and build a new bank. Mayor Davidson declared the public hearing closed. On motion of Councilman Graves, seconded by Councilman Whelchel, the following ordinance was introduced. Ordinance No. 304, an ordinance rezoning property at Nipomo and Pacific from R -4 to C -2. Introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald 1. Miller, Clell W. Whelchel NOES: None ABSENT: None 8. Traffic Committee Report of February 4, 1965. 65 -2 -7T The City recently received a letter from one of the school principals asking that the hours of duty for one of our crossing guards be extended one hour to a total of five (5) hours a day. As you will recall, the Administrative officer checked with the Council by telephone, and it was determined that the City should provide this additional one hour of service, which was necessitated by a change in school hours which is being conducted on a trial basis. The Traffic Committee feels that perhaps the School Board should be asked to participate in the cost of this program, particularly where needs are in excess of the normal four hours. It is therefore suggested that the Council ask the City Attorney to investigate the State law to determine whether or not the School Board could legally pay a portion of the cost if they choose to. Mayor Davidson stated that he objected to this proposal as he felt that it was the City's responsibility to provide an adequate police force for the citizens of the City and not the School Board as they are responsible to the citizens for education. City Council Minutes February 15, 1965 Page -5- Councilman Mille* stated he disagreed, as he felt that the furnishing of School crossing guards was partly a responsibility of the School Board. Councilman Graves stated he agreed with Councilman Miller and felt that the School District should cooperate in the responsibility of school crossing guards. Councilman Whelchel agreed with the recommendation of the Traffic Committee and he felt that the crossing guard responsibility should be shared with the City. Mayor Davidson stated that the Council should keep in mind that the children we are protecting are children of the City taxpayers who are now paying taxes for an expensive police force and he felt that it was silly to go to another government agency for a contribution toward this program. 65 -2 -8C The Traffic Committee has looked at the parking and loading situation in front of the Greyhound Depot and recommends that the following changes be made: 1. Move the crosswalk in an easterly direction so that it will be at the far easterly end of the present parking meter space located in front of the County Purchasing Office. 2. Move the parking meter space at that location immediately to the west of the crosswalk. 1 3. Cut down slightly on the westerly end of the red zone in front of the Fremont Theater in order to provide two taxi zones and an adequate length of white zone to the west in front of the Greyhound Depot and a 12 minute green zone east of the red zone in front of the theater be designated as a green 12 minute parking zone. On motion of Councilman Whelchel, seconded by Mayor Davidson, that an unmetered green zone be.placed in the first space east of the Fremont Theater. Motion carried. It would be our hope to continue looking at this problem to see whether or not the taxi cabs parked at this location were still interfering with motorists who had short term business at the Greyhound Depot. 65 -2 -9T The Traffic Committee has been looking at the corner of Pismo Street west of Johnson Avenue and the problem of turning movements off Johnson onto Pismo which is quite a narrow street. There has been some thought toward widening Pismo Street at this location which would admittedly be a costly undertaking. Before making a definite recommendation, the Traffic Committee has asked that the Engineering Department take traffic counts at this location to determine the magnitude of the problem. The City Engineer is to make a recommendation to the Traffic Committee. 65 -2 -1OC In regard to the letter from the Quintana P. T. A. requesting improvements to the Patricia Drive - Foothill Boulevard intersection, we feel that their recommendation for a parking restriction 50 feet west of the Patricia Drive intersection on the north side of Foothill Boulevard would be helpful and we so recommend. We do not see any real reason for eliminating the pepper tree in that area. Furthermore, we recommend that the new type school crossing signs, mounted on posts, be installed on either side of the school crosswalk, but not at the City limits and at Patricia Drive as suggested by the P. T. A. City Council Minutes February 15, 1965 Page -6- 65 -2 -11T Some time ago the City requested that the State study the possibility of providing turning pockets on Santa Rosa Street at Westmont. The State has written to Mr. Romero stating that their investigation shows a lack of any accident history at this location and states that it is their decision not to construct left turn lanes at this location at the present time. The Traffic Committee disagrees with this conclusion and feels that the Council should authorize the Engineer to take the matter up again as well as the necessity for expediting the widening of Santa Rosa Street from 101 Freeway and extending in a northerly direction. On motion of Mayor Davidson, seconded by Councilman miller, that the Traffic Committee report be accepted except 65 -2 -7T. The following resolution was introduced. Resolution No. 1384, a resolution establishing parking restrictions adjacent to the Greyhound Depot, crosswalk signs on Foothill Boulevard and stop signs on Parking Lot No. 6. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, C1ell W. Whelchel NOES: None ABSENT: None 1 On motion of Councilman Graves, seconded by Councilman Miller, that the Traffic Committee recommendation #65 -2 -7T be accepted. Motion carried, Mayor Davidson voting no. The City Engineer was authorized to follow through on the recommendation. 9. On motion of Councilman Whelchel, seconded by Councilman Miller, the following ordinance was introduced. Ordinance No. 302, an ordinance amending Section 6100.8 of the San Luis Obispo Municipal Code, covering application for Business Licenses. Attorney Houser briefed the provisions of the proposed ordinance. Ordinance No. 302 was introduced and passed to print on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 10. A. Planning Director Chapman presented a revision to the street tree planting plan previously approved by the City Council as follows: Mr. Chapman stated that the frontages on Osos, Monterey and Marsh Street where redevelopment is proposed in the next few years have been omitted. The trees thus gained plus additional trees which can be planted within the amount budgeted, are proposed to be located on Garden, Morro and Osos Streets. Mr. Chapman presented a plan showing the recommended deletion and additions. On motion of Councilman Miller, seconded by Councilman Graves, that the recommendation be adopted on the revised street tree planting plan. Motion carried, Councilman Whelchel voting no. City Council Minutes February 15, 1965 Page -7- Mr. Chapman reported to the Council on availability of trees. Mr. Flory, Superintendent of Parks & Recreation, has spoken to a number of the nurseries, but only one has adequate numbers of the size ' and species required. He therefore requested permission to order the trees immediately from this firm to give.adequate time to prepare them for delivery and planting. Also, it would be more economical to purchase the trees for Parking Lots 3 and 6 in the amount of approximately $350.00, at the same time. Administrative Officer Miller asked Mr. Houser about the proposed procedure of purchasing this amount of trees without formal bidding procedure. City Attorney Houser stated that there was no certain way of determining that only one bidder would submit a bid without going through the advertising procedure. That unless the Council was prepared to make findings that the product was such that they were satisfied only one bidder could fulfill the specifications, the Charter bidding procedure should be followed. City Administrative Officer Miller asked about the advisability of planting trees in Lot 6, when there is a possibility that the consultant will recommend that the lot be double- decked. On motion of Mayor Davidson, seconded by Councilman kyhelchel, that specifications be prepared and advertisement be made for purchase of trees. Motion carried. 11. At this time the City Council considered the readvertisement of Foothill Boulevard Widening Project between La Entrada and Tassajara. City Engineer Romero briefed the Council on previous bidding and recommended that the City readvertise since several property owners have deposited funds with the City to pay their share of the improvement. On motion of Mayor Davidson, seconded by Councilman Miller, that the plans and specifications be readvertised. Motion carried. 12. At this time the City Council considered the adoption of a resolution authorizing a contract between the City and the State of California for population estimate. On motion of Councilman Miller, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1386, a resolution authorizing execution of contract for census estimate. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 13. Communication from Richard D. Miller, Administrative Officer,_ requesting permission to add a second parking meter enforcement officer in March for training purposes, was approved on motion of Councilman Graves, seconded by Councilman Whelchel. Motion carried. City Council Minutes February 15, 1965 Page -8- 14. Communication from the County Department of Public Works regarding construction of curb, gutter and sidewalk along frontage of County property on southside of Johnson Avenue westerly from Bishop Street. (Health Center) ' D. F. Romero, City Engineer, explained that the value of the land dedicated for Bishop Street exceeds the value of the improvements requested by the County. On motion of Councilman Miller, seconded by Councilman Graves, the request was approved for the City to proceed with the work. Motion carried. 15. Communication from the Veterans of Foreign liars asking that the City Council consider installation of parking meter flag holders in lieu of holes in the sidewalk for placing the American flag. City Engineer Romero explained the existing method of placing flags on the streets and the difficulties and costs inherent with the present method. On motion of Councilman Graves, seconded by Mayor Davidson, the matter was referred to the City Engineer for investigation and report. Motion carried. 16. At this time the City Council discussed the requirement that cast iron pipe be used in all water installations except for very large sizes. Councilman Miller brought up for Council discussion the recoanmendatiou of the Water Superintendent to require cast iron pip-- in all water installations except for very large sizes. He brought to the Council's attention the matter of the damage to cement asbestos pipe in the Highland Drive slide area. Water Superintendent Thompson recommended as follows according to excerpts taken from his report: . "On the basis of the foregoing, it is my opinion that cast iron pipe will provide the City with the lowest overall lifetime installation and operation costs. I therefore recommend that cast iron pipe be specified for distribution pipe installation within the City and in all areas that will eventually annex to the City." "For residential districts, 8 inch; 6 inch pipe to be used only where it completes a good gridiron and in no case in blocks more than 600 feet in length. For mercantile, manufacturing and other areas requiring high fire flows, 8 inch and 12 inch; the former to be used only in sections where it completes a good gridiron, and the latter for long lines not cross - connected." Councilman Miller stated that he felt that the recommendations of Mr. Thompson should be accepted and made a City standard. Councilman Whelchel asked Mr. Thompson to cite examples of failure of cement asbestos pipe. Mr. Thompson listed several examples of failure of cement asbestos pipe in the City. City Engineer Romero stated upon question that he agreed with Mr. Thompson that in the City, experience with cement asbestos pipe has been poorer than with cast iron pipe. He recommended cast iron pipe. Charles Pilcher, Johns - Manville Corp., presented a report on the cement asbestos pipe his company sells, and made a presentation urging that the City Council continue to authorize the use of cement asbestos pipe. City Council Minutes February 15, 1965 Page -9- James S. Smith, Certain -Teed Corp. manufacturers of cement asbestos pipe, appeared before the Council asking that the City Council not eliminate from 1 their standards the use of cement asbestos pipe and further, he stated that he disagreed with the recommendations of the Water Department. Councilman Miller stated he felt that the City Council should follow the recommendation of the Water Superintendent and require the use of cast iron water mains and, further, that the City water system should be a first class operation. On motion of Councilman Miller, seconded by Councilman Graves,_ that the recommendations of !dater Superintendent 'Thompson be followed regarding use of cast iron pipe and size of mains. Councilman Graves agreed with the department heads in this matter and unless some collusion with cast iron pipe manufacturers is shown, he would go along with their recommendations. Mayor Davidson agreed with the department heads as they are responsible for operating their departments, but City should keep in mind that if the City eliminated cement asbestos pipe from City standards, we may be eliminating an item of competition from our growth, and further, he stated that as he understands it, cement asbestos pipe meets City standard. Therefore, this competitive pipe should be allowed in the City so as to allow property owners and developers a choice in type of pipe they use. 1 Roger Petty, Pacific States Cast Iron Pipe, stated he felt that his cast iron pipe is competitive with other cast iron pipe companies and that the City will always have competition on the pipe requirements. Motion carried on the following roll call vote: AYES: Miss Margaret McNeil, R. L. Graves, Jr., Donald Q. Miller NOES: Clay P. Davidson, Clell W. Whelchel ABSENT: None 17. On motion of Councilman Miller, seconded by Councilwoman McNeil, sick leave in excess of fifteen (15) days was approved for Robert Turner, employee of the City of San Luis Obispo. Motion carried. 18. On motion of Councilman Graves, seconded by Councilman Miller, the following Deeds and Agreements were approved and the Mayor was authorized to accept and record Deeds on behalf of the City and to sign said Agreements. A. Deed of Easement from William E. Baker and Charles M. Baker for sewer easements at Ramona Drive and Broad Street. (Dover Development - Tropicana Village-Complex) B. Grant Deed and Agreement from Delmo E. and Jenny C. Bassetti for installation of curb, gutter and sidewalk on Foothill Boulevard. C. Grant Deed and Agreement from John A. Sleeth and Gertrude A. Sleeth for installation of curb, gutter and sidewalk on Johnson Avenue. D. Grant Deed and Agreement from Vance D. Lewis and Marjorie S. Lewis for installation of curb, gutter and sidewalk on Foothill Boulevard. E. Covenant for temporary erection of improvements within the public right -of -way from H. L. & Keen for decorative brick walls. City Council Minutes February 15, 1965 Page -10- F. On motion of Councilman Miller, seconded by Councilman Whelchel, the 1 following resolution was introduced. Resolution No. 1385,.a resolution authorizing execution of construction agreement for the development of student housing on North Broad Street and providing for increase in the Engineering Budget. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson. R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 19. Richard D. Miller, Administrative Officer, announced the appointment of Barbara J. Holder as Parking Enforcement Officer (Female) with the Police Department, effective March 1, 1965 at $365 per month, subject to a one year probationary period. 20. Bulletin from the League of California Cities relating Governor's budget message and its effect on City Government, was received and filed. 21. General fund statement from the Chamber of Commerce for the month of January, 1965, was received and filed. 22. Communication from the City Engineer announcing that Peter Koltnow, Traffic Engineer with the Automobile Club of Southern California, will present a two hour course lecture regarding traffic matter orientated to the interests of legislative bodies and will be held at 7:00 P.M. on May 10, 1965, was received and filed. 23. Communication from the State Water Quality Control Board forwarding a digest of sewage enabling acts, was received and filed. 24. Notice of a public hearing by the U. S. Army Engineers to review Morro Bay Harbor report to be held on Tuesday, March 9, 1965, was received and filed. 25. Communication from the National Board of Fire Underwriters forwarding a copy of a magazine article on municipal grading schedule, was received and filed. 26. Communication from the Art Association announcing the 19th annual county art show and listing for the Council's information, services and functions of the Art Association to the community, was received and filed. 27. Copy of a communication from the Lamoro Corporation to the City School District regarding acquisition of property on Los Osos Road by the School District, was received and filed. 28. Communication from the Union Oil Company of California requesting information as to who is responsible and who will pay the cost of relocating a six (6) inch pipe line on Los Osos Road and Madonna Road. City Engineer Romero explained the problem for the Council's information. He explained that Union Oil Company wished a statement from the City Council as to whether this is a City project. On motion of Mayor Davidson, seconded by Councilman Graves, that the Los Osos Road improvement was a City project and that the Union Oil Company be directed to relocate at their own expense, and that the City Attorney so notify them of the Council's decision. Motion carried. City Council Minutes February 15, 1965 Page -11- 29. Communication from the Native Sons of the Golden West requesting that the ' City Council make whatever provisions necessary to see to it that the California Bear Flag is flown in front of the City Hall, was received and filed. 30. Communication from the P. G. & E. Company requesting permission to use a portion of Parking Lot X61 on Tuesday evening, March 9, 1965, for a flood lighting demonstration, was approved on motion of Councilman Graves, seconded by Councilman Whelchel. Motion carried. 31. On motion of Mayor Davidson, seconded by Councilman Graves, the following resolution was introduced. Resolution No. 1383, a resolution increasing the 1964 -65 Bidget. (Account No. 850.4, Sewer - Motor Vehicle, increased by $500.00) passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 32. Communication from the Division of Highways forwarding revised agreement 1 for traffic control devices and highway lighting at Pismo Street and South Street - Santa Barbara Street with State Highway Route 227. (Broad Street) On motion of Councilman Graves, seconded by Councilman Whelchel, the following resolution was introduced. Resolution No. 1387, a resolution approving agreement with the State for signal lights on Route 227. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Miss Margaret McNeil, Donald Q. Miller, Clell W. Whelchel NOES: None ABSENT: None 33. Communication from Senator Vernon L. Sturgeon urging City Council support in asking the U. S. Congress to sponsor a constitutional amendment which would allow each state to apportion one house of the legislature on the basis of population and one house on geography in accordance with the so- called "Federal Plan ". On motion of Councilman Miller, seconded by Councilwoman McNeil, the communication was received and filed. Mayor Davidson voted no. 34. Communication from City Attorney Houser regarding hiring of special legal Council on behalf of the Whale Rock Commission to represent the Commission and the City in litigation between the Whale Rock Commission and the Fish and Game Commission. Mr. Houser stated that he and Mr. Wendroff, representing the State of California, had contacted Mr. Moskovitz and went over the problems with him and he felt he could represent the City on these matters. City Council Minutes February 15, 1965 Page -12- Mr. Houser recommended that the proposal of Mr. Moskovitz be accepted ' so that the preliminary research into this potential litigation can be started. On motion of Councilman Miller, seconded by Councilman Graves, that the retention of Mr. Moskovitz be approved to represent the City and the Whale Rock Commission in potential litigation proceedings. Motion carried. On motion of Councilman Miller, seconded by Councilwoman McNeil, the meeting adjourned. Motion carried. Approved: March 15, 1965— v J. H. FITZPATRICK CITY CLERK 7 1