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HomeMy WebLinkAbout1959 04-14 CC MIN354 National City, California, April 14, 1959 Regular meeting of the City Council was called to order by Mayor Hodge at 1:30 F.M. o'clock. Council members present: Allen, Hart, Hollingsworth, Hodge. Council members absent: Fessman. ADMINISTRATIVE OFFICIALS present; Alston, Bird, Curran, Gautereaux, Holgate, Lill, Stockman. The meeting was opened with pledge of allegiance to the r'lag by City Manager Bird, followed with invocation by Rev. Erny. Moved by Hollingsworth, seconded by Hart, the minutes of the regular meeting of April 7, 1959, be approved. Carried, all the Council members present voting aye, with the exception of Councilman Allen who abstained from voting. GABE BOUCHER, Manager of Spee-D-Lunoh, was present, and stated they did not know there was a section in the ordinance which was adopted at the last meeting regulating prepared food vending vehicles which states the owner or operator of a vending vehicle shall establish within the City of National City a service room which shall be used for the preparation of food sold from a vending vehicle. Their bus- iness is located in an Diego where the food is prepared. Mr. Boucher asked that the ordinance be amended so they could prepare their food at their present place of business. Moved by Hart, there be an amendment added to the ordinance so that food will not have to be prepared in the City of National City, and referred to the City Attorney for the proper procedure. COUNCILMAN ALLEN asked that particular section of the ordinance be read. MAYOR HODGE asked that the Council continue with "oral communications" while the City Mana- ger obtains a copy of the ordinance. EVE BISBERG, 1826 E. 8th Street, was present and read a communication from Mae F. Lewis, 37 E. 21st Street, protesting the noise and dis- turbances originating from the Club 21, located at 2100 National Avenue. CITY MANAGER BIRD read the portion of Ordinance No. 943 which stated "Every owner or operator of a vending vehicle shall establish within City of National City a service room which shall be used for the `;l.cparation of food sold from a vending vehicle. No food shall be cold from a vending vehicle except food prepared in such service room. A service room shall meet the requirements of the ordinances of City of National City covering food handling establishments." Moved by Hart, seconded by Allen, there be an amendment added to the Ordinance so that food will not have to be prepared in the City of National City, and referred to the City Attorney for the proper 4/14/59 355 procedure. Carried by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Hollingsworth. Absent: Fessman. ATTORNEY CURRAN stated the condemnation action which National City brought against Vincent and Gwendolyn DeLucia came on for pre-trial several weeks ago. At the time of the pre-trial Mr. DeLucia was personally present with his Attorney and the entire morning was spent in discussion with Mr. DeLucia's Attorney to explore the pos- sibilities of settling the matter without the necessity of contin- uing with the trial before a jury. Since that time negotiations have been held with the Attorney for Mr. and Mrs. DeLucia and as a result, Mr. DeLucia, through his Attorney, has submitted an easement to the City which it is felt gives the City an interest in that por- tion of the property which is necessary in order to take the flood and surface waters from Paradise Valley to the center line of the Sweetwater River, and at the same time protect Mr. DeLucia to the extent that it is possible to preserve for him that portion of the property which the City does not need to take in order to accomplish the drainage project. The easement is tendered to the City on the basis that the City will pay $20,000.00 for the easement. The fig- ure has been checked with the City Manager and he is agreeable to this figure by way of settlement for purchase of the interest in the land from Mr. and Mrs. DeLucia and for settlement of the con- demnation action; therefore it is the City Attorney's recommendation a resolution be adopted purchasing this property described in the easement from Gwendolyn and Vincent DeLucia. Moved by Allen, se- conded by Hollingsworth, we accept the recommendations of the City Manager and City Attorney in regard to the easement to settle this matter out of court. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: Hart. Absent: Fessman. Bounty ATTORNEY CURRAN reported the County Counsel of San Diego/has pre- pared a proposed agreement in the form of a resolution with refer- ence to securing a permit to put the culvert to the DeLucia property. A permit has been requested by San Diego County. This agreement would hold the County of San Diego harmless for any damages that might accrue with the result of the installation. It was the re- commendation of the City Attorney the resolution be adopted. Moved by Hollingsworth, seconded by Allen, the recommendation of the City Attorney be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. ATTORNEY CURRAN stated in regard to the proposed amendment to the agreement with the State Board of ;qualization for administration 4/14/59 356 of the National City sales and use tax; this agreement has been examined and recommended a resolution be adopted authorizing the execution of the amendment to the agreement. Moved by Hollings- worth, seconded by Hart, we follow the recommendation of the City Attorney. Carried, by the following vote to -wit: Ayes: Hart, Hollingsworth, Hodge. Nays: None. Councilman Allen abstained from voting. Absent: Fessman. ATTORNEY CURRAN reported the Application of the Pacific Telephone and Telegraph Company for authority to establish a typical schedule of rates for street address telephone directory service has been examined. This is a matter that does not directly affect the City of National City, and recommended the application be filed. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. HEARING ON ZONE CHANGE at 1845 S. 43rd Street was held at this time. No written protests were received and no one was present objecting to the zone change. The Planning Commission recommended the change in the zone. Moved by Allen, seconded by Hart, the recommendation of Planning Commission be complied with and the hearing be closed, and an ordinance be prepared by the City Attorney. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. ATTORNEY CURRAN stated San Diego Gas & Electric Company has sub- mitted copies of insurance policies issued by Underwriters at Lloyd's, London, No. LA 65221 and No. LA 65222 which names the City of National City as a co-insured; these policies have been examined and satisfy the requirements of the lease with the City of National City and it was recommended they be approved and filed. Moved by Hart, seconded by Allen, the policies be approved and filed. Car- ried, all the Council present voting aye. RESOLUTION NO. 7462 was read, approving and authorizing the purchase of an interest in certain real property situated in the County of San Diego from Vincent and Gwendolyn DeLucia for the sum of $20,000.00, and the drawing and issuing of a warrant for said purpose 7s hereby directed. Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hollingsworth, Hodge. Nays: Hart. Absent: Fessman, RESOLUTION NO. 7463 was read, "RESOLUTION OF CITY OF NATIONAL CITY REQUESTING CITY OF CHULA VISTA TO SUSPEND PROCEEDINGS FOR ANNEXATION OF CERTAIN PROPERTIES IN THE SWEETWATER RIVER VALLEY." Moved by Hollingsworth, seconded by Allen, the Resolution be adopted. 4/14/5 9 357 Carried, by the following vote to -wit: Ayes: Allen, Hart, Hol- lingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO.- - - was read, authorizing the construction of a box culvert across and beneath that portion of 30th Street located in the unincorporated territory of the County of San Diego and which is now a County highway. The City of National City desires to obtain from the County of San Diego a permit to encroach upon, excavate and construct a box culvert as shown on City of National City's drawings No. 500 14556"L; 557 L; 558 L; 518 L; and 520 L. Wayne P. Lill, City Engineer, is authorized to file with the Sur- veyor and Road Commissioner of the County of San Diego, or other officer, or Board of Supervisors of said County, an application for, and obtain a permit to construct a portion of Paradise Creek Drain- age Project to be located within that portion of 30th Street lying in the unincorporated territory of the County of San Diego. Moved by Hollingsworth, the Resolution be adopted. Motion died for lack of a second. Moved by Allen, seconded by Ilart, this be laid over until the next meeting in order to study same. Carried, all the Council present voting aye. zone RESOLUTION NO. 7464 was read, granting a special/variance permit to J. C. Hennon Cody and Norma L. Cody for the purpose of permitting the construction of an addition to an existing building with a side - yard setback of three feet rather than the required four feet. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes; Allen, Hart, Hollings- worth, Hodge. Nays: None. Absent: Fessman. FREEWAY AGREEMENT between the South and North City limits, which was laid over from the previous meeting, was presented at this time. Moved by Hollingsworth, seconded by Hart, we enter into the agree- ment with the Division of Highways for this proposed freeway, but that it be referred to the City Attorney for any legal changes in the agreement before it is adopted, and it be brought up at the next Council meeting. Carried, all the Council present voting aye. REPORT FROM CITY ENGINEER LILL regarding application for excavation permit f-om Luis Livag, 1310 Carol Place, Lot 141, 0. D. Arnold Subdivision, Unit No. 4, was read. It was recommended the applica- tion be approved, subject to certain requirements as setforth in the report. Moved by Alien, seconded by Hart, the recommendation of the City Engineer be accepted. Carried, all the Council present voting aye. 4/14/5 9 358 ALSTON CITY CLERK/reported the City has been served notice of a suit filed against the City by Ann and Arthur Patterson, which she referred to the City Attorney. Moved by Hart, seconded by Hollingsworth, this be referred to the City Attorney. Carried, all the Council present voting aye. CITY CLERK ALSTON reported the following bids were opened April 13th for the improvement of "C" Avenue between 15th and 16th Street; R. E. HAZARD CONTRACTING COMPANY, $9,697.32; GRIFFITH COMPANY, $10,275.06; DALEY CORPORATION, $10,422.83; V. R. DEiNiS CONSTRUCTION COMPANY, $10,477.27. CITY CLERK ALSTON reported she received a Trust Deed from the Na- tional City Development Company to the City of National City and recommended it be approved by the City Attorney. Moved by Hart, se- conded by Hollingsworth, it be referred to the City Attorney. Car- ried, all the Council present voting aye. NOTICE FROM DEAN E. HOWELL, Supervisor, Fifth District, County Board of Supervisors, was read relative to formal dedication of Palomar Airport on April 17, 1959, at 2100 P,M. Moved by Hollingsworth, se- conded by Allen, the notice be filed. Carried, all the Council pre- sent voting aye. NOTICE OF LEAGUE OF CALIFORNIA CITIES MEETING at the Country Club in Tijuana, Friday, April 17th was read. REPORT FROM STATE WATER POLLUTION CONTROL BOARD was presented, and City Clerk Alston recommended it be referred to the Attorney. Moved by Hollingsworth, seconded by Allen, it be referred to the City Attorney. Carried, all the Council present voting aye. PETITION signed by eleven property owners was read, relative to the petition for 1911 act improvement of Laurel and First Street. In view of the fact that 1911 act has provided for relief of hardship cases„ and since conditions during the rainy season in this area constitute a hardship on all property owners, they request their petition be given priority over all petitions which do not con- stitute similar hardships. Moved by Hart, seconded by Alien, this be taken care of as soon as possible, Carried, all the Council p_°eseiit voting aye. NOTICE OF CLAIM FOR DAMAGES TO PROPERTY of Vincent DeLueia, 1930 Granger Avenue, was presented, and City Clerk Alston recommended it be referred to the City Attorney. Moved by Hart, seconded by Hol- lingsworth, the City Clerk's recommendation be approved. Carried, all the Council present voting aye. 4/14/59 359 PETITION signed by five property owners was read asking the City to close the following plot of land allocated for an alley way between: "J" and "K" Avenues and between 23rd and 24th Streets. Moved by Hollingsworth, seconded by Alien, it be referred to the Planning Commission. Carried, all the Council present voting aye. CITY CLERK ALSTON presented the Affidavit of Publication of Notice Inviting Sealed Proposals for the Improvement of "C" Avenue between 15th Street and 16th Street. Moved by Hollingsworth, seconded by Hart, the Affidavit be approved and filed. Carried, all the Council present voting aye. APPLICATION FOR TRANSFER OF ON SALE BEER BEVERAGE LICENSE by Jamison's Cafe, 2320 Highland Avenue, was presented. REPORT FROM POLICE DEPARTMENT stated investigation fails to reveal any grounds for protest of the change of ownership. Moved by Hart, seconded by Allen, the application be filed. Carried, all the Council present voting aye. CITY ENGINEER LILL reported Hazard Construction Company has finished paving Highland Avenue from 8th Street to 18th Street. CITY ENGINEER LILL reported R. E. Hazard Contracting Company was the low bidder for the work of improvement of "C" Avenue from 15th Street to 16th Street, and recommended the contract be awarded to them. Moved by Hollingsworth, seconded by Hart, the recommendation of the City Engineer be approved, and the Attorney be authorized to prepare the resolution. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. COMMUNICATION FROM NATIONAL CITY HOME PROTECTIVE LEAGUE, INCORPORA - TED was read, requesting a progress report on the proposed amend- ment to Ordinance No. 750. Moved by Hart, the request be granted. COUNCILMAN ALLEN asked how the Attorney was progressing with the proposed amendment. CITY ATTORNEY CURRAN stated there has been no further discussions before the Council on the matter. Motion died for lack of a second. Moved by Hart, seconded by Allen, Mrs. Stock- man give a report to the newspaper on what has been done with regard to the proposed amendment to Ordinance No. 750. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Hollings- worth. Absent: Fessman. COMMUNICATION FROM NATIONAL CITY HOME PROTECTIVE LEAGUE, INCORPORA- TED was read stating their next meeting will be held Monday, April 20th at Rubio's Little Mexico, 725 W. 18th Street, and is open to 4/14/59 360 the public. Moved by Allen, seconded by Hart, the letter be filed. Carried, all the Council present voting aye. PETITION FROM PROPERTY OWNERS was read stating they are desirous of commencing proceedings for the annexation of certain territory, and request the City of National City to give its consent for the com- mencement of such proceedings. The territory is described as one block each side of "D" Avenue South of 30th Street, is inhabited and is contiguous to the City of National City. REPORT FROM THE PLANNING COMMISSION was read stating the request for commencement of proceedings for the annexation to the City of National City is for territory located one block each side of "D" Avenue from 30th to 32nd Streets, and one block east of "D" Avenue south of 32nd Street to the Sweetwater River. The Planning Commission recommended the Council give favorable consideration to this annexation and for- ward the legal description immediately to the County Boundary Com- mission for approval. Moved by Allen, seconded by Hart, the recom- mendation of the Planning Commission be approved and we carry on with the possibility of annexation. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. COMMUNICATION FROM CITY MANAGER BEAN, CITY OF SAN DIEGO,was read relative to transportation study, and transportation planning. The Transportation Study Technical Board Committee provides the oppor- tunity for the technical staff of the various jurisdictions in the San Diego area to work together towards a transportation plan which will insure that the San Diego area will be prepared for this new Federal policy regarding freeway development. In order to minimize the time of the busy staff, and promote better attendance, a bi- monthly meeting schedule is suggested instead of the existing month- ly schedule. CITY MANAGER BIRD stated in the past we have been work- ing the technical staff of transportation in the entire San Diego Metropolitan area; and had originally assigned to this committee a member of the Engineering Department, Mr. Finney. We should assign to this transportation committee a member of the Engineering staff and also a member of the Planning Department so that we can be kept informed as to the trend, and would so recommend. Moved by hart, seconded by Allen, the recommendation of the City Manager be approved. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hodge. Nays: Hollingsworth. Absent: Fessman. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES was read relative to Public Employees; Collective Bargaining and Unions; and Workmen's 4/1 4/5 9 361 Compensation. AB 618 would have provided collective bargaining. While the League will not oppose AB 618 in its present form, it will continue to oppose collective bargaining and compulsory arbi- tration proposals. These bills include AB 570, 602, 603, 607 and 631. Moved by Hollingsworth, seconded by Hart, the City Manager be authorized to write letters to each of our representatives in Sacramento protesting all of these bills, and also that the City Attorney, while he is present in Sacramento, try to see all of our legislators opposing it. Carried, all the Council present voting aye. AB 1067 is relative to mandatory insurance for policeman. Moved by Hollingsworth, seconded by Allen, the City Manager be authorized to oppose this bill and it also be referred to the City Attorney. Carried, all the Council present voting aye. AB 1778 relates to holidays and AB 1179 to vacations. Moved by Allen, se- conded by Hart, the City Manager be instructed to oppose these bills. Carried, all the Council present voting aye. CITY MANAGER BIRD recommended the City Clerk be authorized to ad- vertise for bids for a tandem driving axle dump truck, new and cur- rent model; said bids to be opened April 27th at 3:30 P.M. Moved by Hart, seconded by Allen, the City Clerk be authorized to adver- tise for bids, as recommended by the City Manager. Carried, all the Council present voting aye. CITY MANAGER BIRD stated in regard to the resolution opposing the annexation o f City of Chula Vista of certain property which was adopted today, the resolution stated the City Manager shall read the resolution to the City Council of Chula Vista. There is also a hearing on the Engineer's report for the improvement of Highland Avenue, 4th Street to 8th Street, this evening; and asked the Coun- cil's direction as to which meeting he should attend. Moved by Allen, seconded by Hart, Mr. Bird delegate someone to either repre- sent him here at the meeting or at the meeting in Chula Vista. Carried, all the Council present voting aye. REPORT FROM THE TRAFFIC SAFETY COMMITTEE of their meeting of April 8th was read, recommending the committee make a study of the condi- tion of parking at 28th Street and National Avenue. Request for crosswalk at 25th Street and National Avenue was denied. Highland Avenue channelization from 8th Street to 18th Street was held over until April 13th for further study. The Committee recommended bump- er to bumper method of parking be installed for trial on National Avenue between 7th Street and 10th Street when the parking stalls are scheduled to be repairted, and if possible all unused driveways be closed in this area. Also that Highland Avenue from 8th Street 4/14/5 9 362 to 18th Street be painted for bumper to bumper parking in conjunc- tion with the proposed channelization. It was further recommended that all intersections not presently controlled by stop signs on Palm Avenue between 8th Street and 16th Street be so designated with the stop signs facing East and West bound traffic. Mr. Dudley announced he was leaving City employment and Mr. Newberry would assume the responsibilities of Engineering Advisor to the Committee. REPORT OF MEETING OF APRIL 13TH was read, recommending Highland Avenue be channelized between 8th Street and 18th Street as shown on Engineering Department Drawing No. 300-PT with exception of 13th Street and 15th Street. Moved by Hart, seconded by Allen, we accept the Traffic Safety Committee's recommendation and proceed with the channelization, as recommended. Carried, all the Council present voting aye. Moved by Hollingsworth, seconded by Hart, the recom- mendation of the Traffic Safety Committee for bumper to bumper parking in the areas specified be approved. Carried, all the Council present voting aye. Moved by Hart, seconded by Allen, the recommendation of the Committee regarding stop signs on Palm Avenue between 8th Street and 16th Street, be approved. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read, stating grant deeds were received, accompanied by temporary construction easements from Samuel W. and Helen Colleen Davis; George M. and Enriqueta Cannon; Fred A. and Inez G. Kidd; Armando P. and Minerva E. Gonzalez; Daniel J. and Eleanora M. Corliss; Samuel W. and Helen Colleen Davis; F. Dale and Mary E. Faris; Fred Peter and Connie M. Cannon; F. Dale and Mary E. Faris; Clinton D. and Annabel K. Matthews re- presenting a 60 foot right of way southerly from 24th Street to the closed 28th Street, in an alignment of Coolidge Avenue. It was the recommendation of the Planning Commission the deeds and easements be accepted and the street be given the name of Coolidge Avenue. Moved by Allen, seconded by Hart, we accept the recommendation of the Planning Commission and the deeds and easements be referred to the City Attorney for approval. Carried, all the Council present voting aye. R PORT FROM THE PLANNING COMMISSION was read relative to grant deed received from Joseph R. and Dora LaFrance, 10 foot construction easement attached, for the widening of a portion of 19th Street east of Granger Avenue. The Commission recommended this deed be accepted by the City. Moved by Hart, seconded by Allen, the recom- mendation of the Planning Commission be approved, and referred to the City Attorney for preparation of a resolution. Carried, all the Council present voting aye. 4/14/59 363 REPORT FROM THE PLANNING COMMISSION regarding grant deed received from the National School District for the west half of "N" Avenue between 14th and 16th Streets, was read. It was the Commission's recommendation the deed be accepted* Moved by Hollingsworth, se- conded by Hart, the report of the Planning Commission be approved and referred to the City Attorney. Carried, all the Council pre- sent voting aye. REPORT FROM THE PLANNING COMMISSION was read relative to the re- quest received from Jack Dembo petitioning the closing of "A" Ave- nue between 25th and 16th Streets. It was the opinion of the Com- missioners this dedication should be retained by the City until final arrangements are made for the development of Kimball Park in this area, and the petitioner was advised to discuss with the Council the possibility of an agreement whereby he could use the property for a parking area for the miniature golf course until such time as the City would need it for development. Moved by Alien, seconded by Hart, the recommendation of the Planning Commission be upheld. ATTORNEY EDWARD J. SCHWW ARTZ, representing Mr. Dembo was present and stated Mr. Dembo wouldlike to use a portion of the property, at least temporarily, for.,parking for.the golfcourse; he would grade it, put in trees and beautify it, with the under- standing and agreement that at, anytime. the City wants that street area it would be available to the City. _Carried, all the Council present voting aye.. Moved by Hollingsworth, seconded.by Hart, that an agreement be worked out between Mr. Dembo and the City for him to use the property without any permanent construction on it and the City Manager be authorized to enter into an agreement with Mr. Dembo, and it also be referred to the City Attorney. Carried, all the Council present voting aye. REPORT FROM THE PLANNING COMMISSION was read regarding Application for Conditional Exception No. 642 signed John J. Gregory and W. Myron West relative to the property located at the southwest corner of Division Street and Flower.Avenue. ,Petitioners are requesting permission to construct an eight unit, two story structure on a parcel of ground containing 6,250 square feet located in an R-2, Iwo Family.Residence District,one half block east of an R-4, Multiple Residence District. The Commission recommended permission be granted for six units; off street parking to be installed. Moved by Hart,'seconded by Alien, the recommendation of the Plan- ning Commission be approved, and referred to the City Attorney for the preparation of a resolution. Carried, by the following vote to -wit: Ayes: Allan, Hart, Hodge. Nays Hollingsworth. Absent; Fe s sman . 4/14/5 9 364 REPORT FROM THE PLANNING COM4ISSION was read regarding Application for Conditional Exception No. 644 signed by James P. Jenkins rela- tive to the vacant property on the north side of East 8th Street in the 1300 Block. Petitioner is requesting permission to construct ten units on a parcel of property containing 10,000 square feet. The front 125 feet of the described property is located in an R-4, Multiple Residence District and the rear 75 feet is located in an R-2, Twc Family Residence District. The Commission recommended ap- proval subject to a ten foot entrance drive from the street to the rear of the property; the rear 110 feet to be divided equally into ten off street parking space.::. Said area to be blacktopped. Moved by Hart, seconded by Hollingsworth, the recommendation of the Plan- ning Commission be approved and referred to the City Attorney for the preparation of a resolution. Carried, all the Council present voting aye. COUNCILMAN HART stated we are getting a number of requests for some R-1 Zones, to R-4 Zones; R-2 to R-4 Zones, etc., and he would like to have Mrs. Stockman, City xlainer, make a survey where she thinks there should be a survey made and make a report and recommendation to the Council, as to the changes she thinks should be made. Moved by Hart, seconded by Hollingsworth, the City Planner be authorized to make such a survey and report. Carried, all the Council present voting aye. RESOLUTION NO.7465 was read, "RESOLUTION OF AWARD OF CONTRACT ("C" Avenue Between 15th Street and 16th Street)," Moved by Hollings- worth, seconded by Hart, the Resolution be adopted. Carried, by the following vote to -wits Ayes: Allen, Hart, Hollingsworth, Hodge. Nays: None. Absent: Fessman. RESOLUTION NO. 7466 was read, accepting grant deeds and easements from the following: Grant Deed from F. Dale and Mary E. Faris, Clinton D. and Annabel K, Matthews; two Easemants from F. Dale and Mary E. Faris, Clinton D, and Annabel K. Matthews; Grant Deed and Easement from F. Dale and Mary E. Faris, Fred Peter and Connie M. Cannon; two Grant Deeds and two Easements from Samuel W. and Helen Colleen Davis; Grant Deed and Easement from Daniel J. and Eleanora M. Corliss; Grant Deed and Easement from Armando P. and Minerva E. Gonzalez; Grant Deed and Easement from Fred A. and Inez G. Kidd; Grant Deed and Basement from George M. and Enriqueta Cannon. Moved by Hart, seconded by Hollingsworth, the Resolution be adopted. Carried, by the following vote to -wit: Ayes: Allen, Hart, Hollings- worth, Hodge. Nays:. None. Absent: Fessman. 4/14/59 365 COUNCILMAN ALLEN inquired about the property at 2nd Street and Highland Avenue where Peters Home and Garden Center is located. A property owner wishes to sell and the manure pile is still there which does not make a very favorable condition. ATTORNEY CURRAN stated the Chief of Police investigated that matter, secured certain evidence and referred it to him as to possible violations of Ordi- nance No. 750. A proceeding was brought in National City Justice Court, the proceedings of necessity having to be against the lessee of the property, which is a corporation. The matter was brought, pursuant to the procedure for reference of criminal prosecutions against corporations in due course before Judge Harbison. At that time it was brought to the attention of the court a civil action was pending. It seems very clear, in view of the civil action which is pending in Superior Court that the problem of necessity which Mr. Allen raised is to the ability of the owner of the adjoin- ing property is going to have to be settled in the Superior Court action. COUNCILMAN ALLEN stated it would seem to him if there is an Ordinance in the City which is not being complied with, they are in violation. ATTORNEY CURRAN stated it was clear there was no necess- ity for securing any variance on the part of the tenant, all he needed to do was to use that portion of the premises he wanted for that purpose as long as he is entitled to do so under his lease, there is nothing the landlord can do about it. If the present facts, they are still using the residential area for commercial pur poses, then there is a violation of the variance which was granted-, so the variance is void. The question then is whether or not the position of the tenant is found that he is not relying on that var- iance. MAYOR HODGE stated it is his understanding if he does not comply with the zone variance, he is operating as though he had no variance. This is the problem that is being settled in court. MOVED BY Hart, seconded by Allen, the meeting be closed. Carried, all the Council present voting aye. Meeting closed at 3:57 Y.M. ATTEST: CITY CLERK MAYOR, CITY OF NAT±OVAL CITY, CALIFORNIA 4/14/59