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HomeMy WebLinkAbout1959 09-15 CC MIN89 National City, California, September 15, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 P.M. o'clock. Council members present: Allen, Fessman,. Hart, Hollingsworth, Hodge. Council members absent: None ADMINISTRATIVE OFFICIALS present: Alston, Bird, Curran, Gautereaux, Holgate-Kerr, Lill, Stockman. The meeting was opened with pledge of allegiance to the Flag by City Manager Bird, followed with invocation. by Mayor Hodge. Moved by Hollingsworth, seconded by Hart, the minutes of the regular meeting of September 8, 1959, be approved. Carried, all the Council present voting aye. CITY CLERK ALSTON stated with reference to the minutes of September lst, following the fourth paragraph on the first page, she would like to have inserted that Resolution 7588, "RESOLUTION CLOSING A PORTION OP A AVENUE BETWEEN 18th STREET AND 20th STREET," was adopted as of that date. Moved by Allen, seconded by Hollingsworth, the recommendation of the City Clerk be approved. Carried, all the Council present voting aye. CITY CLRK ALSTON announced that the hearings for the 1911 Act Improvement of "A" Avenue and "C" Avenue, which were scheduled for today have been postponed until October 6th, and new notices will be received in that regard. RESOLUTION NO. 7596 was read, approving the proposed permit for attachments submitted to City of National City by the Pacific Telephone and Telegraph Company pursuant to its Standard Form No. P-699 in order to authorize City of National City to affix fire alarm equipment to poles jointly owned by the Pacific Telephone and Telegraph Company and the San Diego Gas and Electric Company, and the execution by the Mayor, for and on behalf of the City of National City, as licensee, is approved and authorized. Moved by Hart, seconded by Fessman, the Resolution be adopted. Carried, all the Council present voting aye. RESOLUTION NO. 7597 was read, abandoning the easements and rights of way reserved at the time of the adoption of Resolution No. 6671, which Resolution did vacate that portion of the public streets of r'i +v of No,+i nrol Ci +v 7rmnre n9rti nia l �rl y apqr.ribea qq ! vermo 9/15/59 90 between Division Street and Fourth Street. Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. ORDINANCE NO. ,"AN ORDINANCE OP THE CITY OF NATION.L CITY CALLING FOR A SPECIAL ELECTION TO BE HELD ON THE 10th DAY OF NOVEMBER, 1959, PERTAINING TO THE ANNEXATION OF SWEETWATER ANNEXA- TION UNIT NO. 1 TO THE CITY OF NATIONAL CITY," was presented for the first reading and read in full. ORDINANCE NO."1.N ORDINANCE ..MENDING ORDINANCE NO. 750 BY REZONING CERTAIN REAL PROPERTIES IN NATIONAL CITY," was presented for the second and final reading. Moved by Allen, seconded by Hart, the Ordinance be adopted by title only. Carried, all the Council present voting aye. ORDINANCE NO. 954, "AN ORDINANCE AMENDING ORDINANCE NO, 750 BY RE- ZONING CRTAIN REAL PROPERTIES IN NATIONAL CITY," Moved by Hollingsworth, seconded by Allen, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: Pessman. ORDINANCE NO. "AN ORDINANCE GIVING NOTICE OF INTENTION TO VACATE AND CLOSE "A" AVENUE BETWEEN 15th and 16th STREETS AND THE ALLEYS BETWEEN 16th and 18th STREETS, HOOVER presented for the second and final reading. seconed by Hart, the Ordinance be adopted by all the Council present voting aye. ADD WEST AVENUES," was Moved by Allen, title only. Carried, ORDINANCE NO. 955, "AN ORDINANCE GIVING NOTICE OF INTEN^TION TO VA- CATE AND CLOSE "A" AVENUE BETWEEN 15th and 16th STREETS AND THE .PULLEYS BETWEEN 16th and 18th STREETS, HOOVER AND WEST AVENUES." Moved by Hollingsworth, seconded by Hart, the Ordinance be adopted. Carried, by the following vote to -wit: Ayes: Fessman, Hart, Hollingsworth, Hodge. Nays: Allen. ATTORNEY CURRAN stated he reported at a recent meeting that the filing of a 'joint brief with other cities and the Attorney General's office was without cost to the City; so the records will be perfect- ly correct in that regard, today he received a communication from the Senior Assistant City Attorney of the City of Anaheim, who is the liaison officer in drawing up the brief, and his letter states that copies of the brief have been requested from interested persons 9h.5/59 91 throughtout the country and because of this situation it has created quite a bit of interest. The cost of printing the copies of the brief amounts to approximately $100.00 and National City is requested to pay $14.25 of this sum, which is the only coat to the City in this matter. ATTORNEY CURRAN stated there was referred to him a Covenant Running With Land which had been submitted for Ernest W. and June E. Freeman, and it appears in order, and recommended he be authorized to prepare a resolution to accept and record the Covenant. Moved by Hart, seconded by Allen, the recommendation of the City Attorney be approved. Carried, all the Council present voting age. CITY ATTORNEY CURRAN stated he was asked to rule on the questioner to whether or not it would be possible for an organization to get around the provisions of the purpose and intent of Ordinance No. 943 by using a restaurant as its catering headquarters. Mr. Curran stated he examined the Ordinance and having In mind the intent of the Council at the time the Ordinance was ordered drafted, it is his opinion that simply to use the restaurant as a catering head- quarters would not satisfy the requirements of this Ordinance. MR. FRASER OF FRASER'S PHARMACY, was present and stated he made application for a sone variance for some property he owns on E. 8th Street, and wished to know whether or not his application will be processed at this time. COUNCILWOMAN HOLLINGSWORTH stated Mr. Frazer's property is located in an R•4 District, and he now is ready to start a building. In checking with City Planner Stockman the change he is asking for is automatically going to be in the new ordinance, and will not change the new propose* toning map. The Planning Commission felt they could not process it until the Council gave authorization, betiause of the policy adopted by the Council. COUNCILMAN Fu3SMAN stated we should change the policy to include any variance which will coincide with and become a part of the map as proposed in the new zoning ordinance. Moved by Allen, the present policy be continued. Motion died for lack of a second* Moved by Hollingsworth, seconded by Fessman, that our policy be changed, as suggested by Mr. Fessman, that wherein there will be no changes from our proposed zone map those be permitted to be pro- cessed. COUNCILWOMAN HOLLINGSWORTH, with the approval of COUNCILMAN PESSMAN amended their motion to include, this policy be initiated until December/1st, and all applications for all zone variances must be submitted/to the Planning Commission on or before November 9th. //' 9/15/59 92 Carried, by the following vote to -wit: Ayes: Fessman, Hollingsworth, Hodge, Nays: Allen, Hart. GABE BOUCHER, General Manager of Spee-D Lunch, was present, and asked if the formation of a partnership in a cafe would meet the requirements of Ordinance 943. ATTORNEY CURRAN stated providing it is a bona fide partnership, and it is separate and apart from the operation of the restaurant so that Ordinance No. 943 requirements are satisfied, including the necessity of having the segregation of the sales in National City apart from the sale of the route, a portion of which may be in National City and a portion which may be in San Diego, or the County of San Diego, it appears clear the partnership could qualify under the ordinance as well as in individual. Moved by Allen, seconded by Hart, Mr. Boucher conduct the rest of his business with the City Manager to ascertain if he has complied with the Attorney's rulings, and if he has he is in business, if not he cannot operate. COUNCILMAN FESSMAN suggested Mr. Boucher be instructed to furnish bona fide evidence that his statements are correct and meet the demands of the Ordinance to the City Manager, and have the City Attorney check them, and if they meet with his approval there is no more problem. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. GENE PDERSEN, 3240 "F" Avenue, a member of the Park and Recreation Advisory Board, was present, and stated the Board has had difficulty in getting a quorum together on the Advisory Board. Mr. Pedersen said he had number of communications to keeping the swimming pool open, which he would like to present to the Council. Move by Allen, seconded by Hollingsworth, they be referred to the City Clerk. Carried, all the Council present voting aye. LOUIS SOTHRAS, representing the Down Town Business Mens' Associa- ion, was present in regard to a petition which was presented to -;he City Clerk requesting the parking time be changed from one hour at least two hour parking, and asked when this matter would he taken care of. CITY CLERK 1ALSTON stated this is on the agenda. 't3aRBBRA WOODS was present regarding the closing of the swimming pool. MAYOR HODGE stated the City Manager will present a report relative to this later in the meeting. 9/15/59 93 HARRISON FREEMAN, 3010 "B" Avenue, was present and stated he had a deed: for a portion of Lot 5 of Palm Court for street purposes which he wished to present to the City. Moved by Fessman, seconded by Hart, the deed be referred to the City Attorney. Carried, all the Council present voting aye. CITY CLERK JLSTON stated the deed is not been completed, as it has not been signed before a notary. MAYOR HODGE asked Mr. Freeman to have the deed notarized. COUNCILMAN FESSMAN stated at the last meeting we had a session of listening to a number of letters regarding the same thing and he felt were unnecessarily before the Council and he objected to them; and stated he wished to read parts of Ordinance 885 which will substantiate his request. Mr. Fessman read a section which stated the City Manager is to "receive and open all mail addressed to the City Council and to give immediate attention thereto to the end that all administrative business referred to in said communications and not necessarily requiring Councilmanic action, may be disposed of between Council meetings; providing that all actions taken pursuant to such communications shall be reported to the City Council at its next meeting thereafter." Moved by Fessman, all mail addressed to the City Council be received and opened by the City Manager, and that he will dispose of it according to the Ordinance as set out in Ordinance No. 885. MAYOR HODGE stated the motion would be out of order, the Council should abide by its own Ordinances. Moved by Fessman, the City Manager be instructed by the City Council to carry Section 19 of Ordinance No. 885 into effect. MAYOR HODGE stated this is on file, and the Ordinance should be either followed or changed. COUNCILMAN ALLEN recognized Robert Stoddard, Manager of the Chamber cf Commerce, who was in the audience. MOVED BY .ALLEN, seconded by Hart, the City Attorney be instructed to -:•.<ke preparations to place on the ballot in April, 1960, whether or 7-.,t the people wish to vote for four Councilmen and a Mayor direct. Carried, by the following vote to -wit: Ayes: Allen., Hart, Hodge. ram° Fessman, Hollingsworth. MAYOR HODGE stated he thought it might be better to have this item on the ballot for whichever election care first. COUNCILMAN ALLEN, with the approval of Councilman Hart, changed their motion that this be put on the ballot the first election that comes along that would be City wide. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Fessman, Hollingsworth 9/15/59 94 COUNCILMAN ALLEN stated he wished to compliment the City Manager and Chief of Police and whoever did the work at the Housing Project in bringing that board up to the Police Department so you know who, works in there. It is really a nice job. COUNCILMAN HART stated a merchant on National Avenue told him that people park on that street for two hours get a ticket and then they leave the car parked all day with the ticket on it and just pay $1.00 fine; it should be a law that after another two hours they would get another ticket. BILLS AUDITED BY THE FINANCE COMMITTEE presented: General Fund $16,531.62 Traffic Safety Fund 2,639.17 Park Fund 815.37 Harbor Fund 630.08 Special St. Fund 1,875.00 Drainage Fund 17,282.40 Payroll Fund , 48,926.89, TOTAL $88,700.53 Moved by Hollingsworth, seconded by Hart, the bills be approved for payment, and warrants drawn for same. Carried, by the following vote to -wit: Ayes: Allen, Fessman, Hart, Hollingsworth, Hodge. Nays: None. RESOLUTION NO. 7598 was read, authorizing the following expenditures from the Capital Outlay Fund: PACE CONSTRUCTION COMPANY, $4,504.32, for Division Street By -Pass Sewer; SELPH'S CONSTRUCTION COMPANY, $9,921.06, for Comfort Stations. Moved by Hollingsworth, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. LPFOINTMENT OF MEMBER TO FILL VACANCY ON PARK AND RECREATION ADVISORY :30nRD was presented. MAYOR HODGE laid it over. ,;ITY CLERK A.STON reported the following bids were opened September .th for the Improvement on Harding Avenue from 13th to 20th Streets d 20th Street from Wilson to Harding Avenues: DLEY CORP., ?:-50,462.15; R, E. HAZARD CONSTRUCTION CO., $51,987.46; GRIFFITY CO., $49,882.74; V. R. DENNIS CONSTRUCTION CO., $50,732.07, COMMUNICATION FROM R0i± RT S. KERNODTN, 714 National Ave., was read, relative to the noise created by motorcycles. Moved by Fessman, that 9/15/59 95 Ordinance No. 885, with particular reference to' Section 19 be complied with hereafter so that letters such as this will be referred for the proper action. MAYOR HODGE stated he did not think we needed a motion; according to the Ordinance it should be referred to the City Manager. Moved by Allen, seconded by Hart, the Council carry on the City's business at the City Council meetings including the agenda, as we have been doing for years, without worrying about any one little phase of an Ordinance which does not say that the "City Manager must", but the "City Manager may". Motion lost, by the following vote to -wit: Ayes: Allen, Hart. Nays: Fessman, Hollingsworth, Hodge, COUNCILMAN ALLEN stated any citizen that has anything they would like to be brought up before the Council can be nailed to him. PETITION signed by 62 business people on National Avenue and 8th Street, was presented, CITY CLERK ALSTON stated the City Manager has seen this petition and a copy was referred to the Traffic Safety Committee. The petition asks that the time for parking be changed from one hour to two hours on the following street: National Avenue from 7th to 13th; Eighth Street, from "C" Avenue to National Avenue; Ninth and Tenth Streets from "A" Avenue to National Avenue. Moved by Fessman, seconded by Allen, the petition be referred to the Traffic Safety Committee for a report. Carried, all the Council present voting aye. CITY CLERK ALSTON reported she has communications from Martha Holmes 3114 Wa 1. tar , .4.tevapa which were handed filer at Wo pegin ;fir .; of this Council meeting, and pertains to the swimming pool. .Also the communication addressed to the Recreation Advisory Board from Paul R. White, Dean of the Faculty of San Miguel School, also pertains to the swimming pool. Mrs. Alston stated she had a communication from Iris Hayward, and one from Mrs. Tom C. Nielsen. Moved by 'i'essman, seconded by Allen, the letters be referred to the City Aanager. Carried, all the Council present voting aye. "ITY CLERK ALSTON announced the meeting of the League of California ':;_ties Friday evening at Escondido. ITY CLERK ALSTON presented the Affidavit of Posting Notices inviting Sealed Proposals on Rachel Avenue from 6th Street to 8th Street. Moved by Hollingsworth, seconded by Allen, the Affidavit be approved and filed. Carried, all the Council present voting aye. 9/15/59 96 CITY CLERK ALSTON presented the Affidavits of Publication on Resolution 7581 in regard to Hynum No. 2 Annexation; also Harding Avenue 1911 Act Improvement from 13th to 20th Street inviting sealed proposals. Movd by Allen, seconded by Hart, the Affidavits be filed. Carried, all the Council present voting aye. COMMUNICATION PROM DIVISION OF HIGHWAYS was read, relative to the possibility of installing a traffic signal at the intersection of 13th Street and Montgomery Freeway. They state they will conduct an investigation to determine whether a traffic signal would not be adaiitageous in terms of traffic service. Moved by Fessman, seconded by Hollingsworth, the letter be filed. Carried, all the Council present voting aye. COMMUNICATION FROM CITY MANAGER BIRD was read, requesting he be granted permission to take his earned vacation of twelve days for the year of 1957-58, beginning September 17th and ending October 2nd. If this request is granted, C. Osburn will be Acting City Manager and Bella J. Bussey will be Acting Purchasing Agent during said lave. Moved *Hart, seconded by Fessman, the request be granted. Carried, all the Council present voting aye. APPLICATION FOR TRANSi;R OF ON SALE GENERAL BEVERAGE LICENSE by Pink Pig, 2305 Highland Avenue, was pa ented. Moved by Hart, second- ed Allen, the application be filed. Carried, all the Council present voting aye. APPLICATION FOR TRLNSr.i?;R OF ON SALE BEER BEVERAGE LICENSE by El Juan Cafe, 2340 Highland Avenue, was presented. Moved by Allen, seconded by Hart, the application be filed. Carried, all the Council present vesting aye. CITY ENGINEER LILL reported Griffith Company was the low bidder for the Improvement of Harding Avenue and 20th Street, and recommended they be awarded the cract. Moved by Fessman, seconded by Allen, the City Engineer's recommendation be approved, and the contract warded to Griffith Company. Carried, all the Council present .ting aye. :PORT FROM SUPT. PARKS& RECREATION GAUTEREAUX in regard to swimming pool operation' feasibility fall and winter months, was read. CITY MANAGER BIRD stated he received a communication September 2nd from the Pak Department regarding the closing of the pool, but due to the 9/15/59 97 fact of these communications coming in he did not present it to the Council. COMMUNICATION FROM SUPT. PARKS & RECREATION GAUTEREAUX was read, stating he proposes -to close the swimming pool operation for the season as of September 30th at 5:00 P.M. 'CITY MANAGER BIRD stated the Council will have to make e, decision; the Pool Depart- ment recommends a modified situation, if the pool is to be operated. COUNCILMAN ALLEN stated he would like to have this proposed operation referred to the Park and Recreation Advisory Board for a report fret them as to Whether they would be willing to contact the people who, have requested t.e pool remain open; and see it these people Would be willing to support it on this basis. COUNCILMAN FESSMAN stated he thought the rates wan too low; they are just half high enough if we are going to operate the pool during the winter months. Along with the study Mr. Allen suggests consideration might be given for doubling the rates now in effect, which are 200, 350 and 500. Mr. Fessman said he would be in favor of running the pool all year round if it would be self supporting. Moved by Allen, seconded by Hart, we get a reeommenchtion from the Advisory Board as soon as possible as to what these people will do who have signed the petition. CITY MANAGER BIRD stated Mr. Pedersen of the Advisory Board stated they have been'unable to get a quorum, and the people want an answer to this problem. COUNCILMAN ALLEN, with the approval of Councilman Hart, changed thdr motion to adopt the recommendation of the Park Supt, in regard to the modified situation for a period of a certain length of time to see if it will work out, and let the Park Supt. set up what he considers would be a feasible admission price to charge for that time. CITY MANAGER BIRD stated there are other points which must be taken into consideration; the people from out of town are our customers, and we want to keep them for next year, we do not want to pay them to come in to use our pool, but we appreciate their patronage. The other point involved is we do not know how the weather will be, if it continues as of today it will be good for swimming for sometime. Mr. Bird said he thought this should go back to the Supt. of Parks and Recreation and the Recreation Director and for them to set up a tentative schedule, and if possible, revise that schedule so that it will meet the requests of some of the adult. COUNCILMAN i.T,T,RN and Councilman Hart withdrew their motion. CITY MANAGER BIRD recommended we try to continue the pool in operating. as is for an ended period, and if it does not operate under this, we take the recommendation of the Park Supt. Ve will be operation up to and including Sept. 30th, and by that time the weather conditions might be such it would be desirable to continue the operations to +hp p+irl nf' Ontobr. r,, r r i t r' v by cya n}j a s we will wart to c'1 nRe the 9/15/59 98 with the recommendation of the City Manager, and that we have the Park Director make a study of the possibility of increasing the rates in order to meet the full amount, when and if it falls behind the point where it is necessary. Carried, all the Council present voting aye. COMMUNICATION .'±.OM FESSMAN CORP. was read, relative to the open ditch adjoining their property at Harrison Avenue between 13th and 14th Streets, The conditions prevailing on April 10, 1958, have not changed and wish to know what is being done in this regard and when they can expect to be able to use their property. CITY MANAGER BIRD stated the Council received a letter in April 1958 from the Fessman Corp. in this regard and a study was ordered to be made, and that study was referred to Engineering and because of complications re- lative to the Santa Fe certain proposals were made with the Santa Fe Railway Company, with the result they have not gotten back to us their decision. We are faced with a decision, and Mx. Bird re- quested authorization to have the City Engineer go through with our own studies and bring them up to date so we can cone up with a solution to the problem. Moved by Allen, seconded by Hollingsworth, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Councilman Fessman abstained from voting. COUNCILMAN HART excused. APPLICATION FOR EXCAVATION PERMIT signed by E. W. Freeman, was presented. The property is located between 47th Street and "Q" Avenue., REPORT FROM CITY ENGINEER LILL was read recomriending appro- A& subject to conditions as setforth in the report, CITY MANAGER 3IRD stated it is his recommendation the Council grant the excava- tion permit subject to the conditions as setforth by the City Engineer and concurred in by himaif. Moved by Fessman, seconded by Allen, the recommendation of the City Manager be approved. Carried, the Council present voting aye. TNCILMAN HLRT present. FLICATION FROM C. M. FRAZIER, 1735 National Avenue, for an over- ::ize driveway, was read. Mr. Frazier is applying for 18 feet of riveway for a garage at 25 East l8th Street. CITY MANAGER BIRD tated it is the recommendation of the City Engineer and concurred in by himself that the 18 food addition to the old existing driveway 9/15/59 99 on the 18th Street side be granted to the applicant. Moved by Hart, seconded by Allen, the recommendation of the City Engineer and City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD reported he had an application for an easement ent to the San Diego Gas & Electric Company in connection with the National Award Homes. It has been reviewed by the City Engineer and recommended it be referred to the City Attorney for the preparation of the necessary resolution. Moved by Hart, seconded by Fessman, the recommendation of the City Manager be approved. Carried, all the Council present voting aye. CITY MANAGER BIRD presented a notice of filing assessment and of the hearing on "A" Avenue between 24th and 26th Streets, and also on "C" Avenue between l5th and 16th Streets, which the City cf National City owns. The assessment on "C" Avenue is $1,801.38; and the assessment on "A" Asnue is $1,52..00. CITY MANAGER BIRD stated this money has been set aside predicated on the Engineer's report prior to budget time. REPORT FROM THE POLICE DEPARTMENT was read relative to the operation of the Johnson Dance Studio, 605 E. 8th Street, National City, stating that since May 1959 there have been no requests for police services, and due to these circumstances it is believed no addition- al police problem will be created by this operation. CITY MANAGER BIRD stated we are now to a point where a change in the ordinance should be considered. Ordinance No. 829 requires 000.00 per annum for a dance hall; Ordinance 708 requires an overall business license olgross sales. This studio has two licenses at the present time. REPORT FROM THE CITY TREASURER was read, recommending that a ballroom dance hall in conjunction with a dance studio, a related business, Section 4 of Ordinance 896, should be allowed under Section 15 of Ordinance No. 708, and classified as gross sales license. Moved by Allen, seconded by Hart, we approve the recommend- ation of the City Treasurer in regard to the consolidation of these two licenses for this particular type of operation, and that the Ordinance be changed to specify this is the amount of money to be paid for this particular type of dancing operations. Carried, all the Council present voting aye. MAYOR HODGE declared a recess . 9/15/59 100 The meeting was called to order my Mayor Hodge. Council members present: Allen, Fessman, Hart, Hollingsworth, Hodge. Council members absent: None. REPORT FROM THE PLI.NNNG COMMISSION was read, regarding the request of the subdividers of National Award Home Project Unit No. 2 final subdivision for consideration on rear yard setbacks on all 90 foot lots since the dwelling designed for these lots would necessitate reducing the rear yard to 18 feet in place of the 20 foot setback which had been previsously approved. The Commission recommended the request be granted. Moved by .Allen, seconded by Hart, the recommendation of the Planning Commission be approved. Carried, all, the Council present voting aye. REPORT FROM THE PUNNING COMMISSION was read regarding Application for Conditional Exception No. 656 signed by C. M. Eichenlaub of the San Diego and Arizona Railway Company relative to the property lo- cated at the Southeast corner of 23rd Street and Cleveland Avenue. Petitioners are requesting peyzaission to enlarge the salvage yards of the Ace Metal and Waste Company. The Commission recommended the granting of this variance subject to certain restrictions as set - forth by the Commission. Moved by Fessman, seconded by Hart, the recommendation of the Planning Commission be approved, and referred to the City Attorney. Carried, all the Council present voting aye. REPORT J'ROM THE PLANNING COMMISSIOI=; was read regarding Application for Conditional Exception No. 662 signed by Mrs. Florence V. Frances relative to the property located at 430 Harbison Avenue. Petitioner is requesting permission to operate a catering service from this location. It was the general opinion of the Commission this request did not present a hardship on the use of the land and did not come under the hone occupation classification, therefore denial of this variance was recommended. CITY CLERK ALSTON stated she did not receive an appeal. Moved by Fessman, snonded by Hart, the recommendation of the Planning Commissionte approved. Carried, all the Council present voting aye. `Y PUNIER STOCKMAN stated with reference to the request for a variance by Mr. Freeman, he has complied with the restrictions ainst the property, and asked that the deed which was presented by Mr. Freeman earlier in the meeting be referred to her for pro- cessing. Moved by Hart, seconded by Fessman, the request of the City Planner be approved. Carried, all the Council present voting 9/15/59 101 aye. Moved by Fessman, seconded by Hart, the previous motion to refer the deed of Mr. Freeman to the City Attorney be rescinded. Carried, all the Council present voting aye. CITY PLANNER STOCKMAN stated a draft of the proposed zoning ordinance was given to the Planning Commission last night and a date will be set for a public hearing on the ordinance. RESOLUTION NO. 7599 was read, "RESOLUTION OF AWARD OF CONTRACT (Harding Avenue from 13th Street to 20th Street and 20th Street from Haling Avenue to Wilson Avenue)." Moved by Fessman, seconded by Hart, the Resolution be adopted. Carried, all the Council present voting aye. Moved by Hart, seconded by Fessman, the meeting be closed, Carried, all the Council present voting aye. Meeting clod at 4:20 P.M. ATTEST: YOR, CITY OF NATt0 al CITY, CALIFORNIA CITY CLERK