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HomeMy WebLinkAbout1952 06-04 CC MIN544 National City, California, June 4, 1952. Regular meeting of the City Council was called to order by Mayor Maurice Carrigan at 7:30 P.M. o'clock. Councilmen present: Hart, Ingalls, McClure, Carrigan. Councilmen absent: Clarke. Moved by Hart, seconded by Ingalls, that the reading of the minutes of the regular meeting of May 20, 1952 be dispensed with. Carried, all Councilmen present voting aye. ADMIVISTRATIVE OFFICIALS present: Alston, Campbell, Rhodes, Gautereaux. SEDGEWICK C. HAWLEY was present end presented a letter to the Council in regard to a proposed installation of children ' amusement rides in the city Park. S. BURNS, 3221 National Avenue, owner of the Keystone Trailer Park, was present and reed a letter from the County Health Dept. stating that he is requested to connect to some sewer system within the next G0 days or the Dept. will be forced to take action to close this Park. CITY MAPL.GE2 RHODES stated it is his recommendation that Mr. Burns be allowed to design his own sewer line from the Trailer Perk to the connect- ion with the City sewer within the City limits, construct it and pay for it and pay the City $170.00 for connection fee and pay the City 75 cents a month for each trailer space in the Park. This recommendation is whether or not he annexes to National City. Until such time as he would annex the sewer line would be his personal property and he will have to main- tain it. COUiCILMIdi HART asked Mr. Burns how he felt about the Manager's recommendation. MR. BURNS said if he puts in the sewer line it will be put in according to the City's classification, There will be an annexation, which he believes 6/4 545 will not be too far in the future, but he is limited to 60 days. Mr. Burns asked if the City would take the sewer line if he annexed, and he would have to donate it. MLYOR CARRIGAN said it is a donation when he annexes. Moved by Ingalls, seconded by Hart, that the City Manager be authorized to proceed on the basis outlined. Carried, all Couneilmen present voting aye. COMMUNICATION FROM S DGE\AICK C. HAWLEY was read, stating he has been operating a childrens' amusement business known as ''Happy Hollow" at 1901 South 43rd Street, San Diego, for the past five years, and asks that he be considered for any con- cession rights to be granted by the City for such rides in the City': Fark. CI_IT MANAGER RHODES stated this is the second request we have received for "kiddie rides'' and he has made his recommendation to the Council regarding the applicat- ion of Ray and Vera Hill. COMMUNICATION FROM CITY MANAGER RHODES was read, stating there is no room to operate such a concession within the limits of the City Park. The City property on the east side of "D" north of 14th Street might be leased for such purposes. Even in that ease we could not give exclusive rights to the Hills as there might be occasions when organizations would want to hold carnivals and special events near this location, either in the Park or outside of it. It is recommended that the City enter into a lease with Ray and Vera Hill to operate °kiddie rides" on the east side of "D's north of 14th for a period of one year, the City to receive 15% of the gross receipts. The amount of land to be occupied would depend -upon the number of pieces of equipment which would be operated. I'IAYOR CARRIGAN stated he thought the Council should consider the fact that this location is in very close proximity to the Parochial School, and they should be consulted. Moved by Hart, seconded by Ingalls, this be held 6/4 546 over until the next meeting for study. Carried, all Council- men present voting aye. A. 0. TRETSVEN, 1931 "L" Ave., was present regarding the open- ing of 21st Street and 'i•? Avenue. There is a house being built in the direct line of 21st Street where it should join •'N" Avenue making only one inlet and one outlet which would be 21st Street from "N" :.venue to "Lai Avenue. DONLGHEY L. HAAS, 615 23rd Lane, was present and stated he circulated a petition and went to Mr. Gonzales, who is building the house in question, and Mr. Gonzales said he would not consider sign- ing the petition and that he had been offered $4,000. for the lot but he would not consider less than $6,000. Since that time he has started building a house. ATTORNEY CAMPBELL stated the City could start a condemnation action but that would be a matter of policy, so far you have never set the policy where you condemn land and use City func's to improve a particular or local area. CITY MANAGER RHODES stated there is a way to start a public proceeding to condemn the land and assess the cost to the property benefited, and that would be the whole district between those streets. It would cost those people the court action and pay whatever the court would allow Mr. Gonzales and become a lien on their property. MAYOR CARRIGAN asked kr. Tretsven if he thought tit. property owners would be willing to pick up the tab if the property was con- demned. MR. TRETSVEN said he did not know the feeling of the rest of the property owners. MAYOR CARRIGAN asked that it be laid over until after the opening of bids. MAYOR CARRIGAN announced that it was 8:00 P.M. and time for the opening of bids for the collection of rubbish. The follow- ing bids were received: CHULA VISTA SANITARY SERVICE bid $49,404.00 for 1st year, $51,804.00 for End year, and 6/4 547 $54,204.00 for the 3rd year; SAM KAZARIAN bid 438.600.00 for the is t year. SAM K^ZP''IAN, 3500 Via Corona, Montebello, was present and stated he left his bid at the office in Montebello and filled in the bid form which was just present- ed, end the other form will be forwarded in the morning. The bond has been issued and the classifications have been made up in the bid. COU-CILILJ INGALL5 asked Mr. Kazarian if he operates under any other name. MR. KAZARIAN said he operates under the name of Peoples Rubbish Company. Moved by Ingalls, seconded by Hart, that the bids be referred to the City Manager and City Attorney for study and recommendation. Carried, all Councilmen present voting aye. COUTCILMLN Hl2 T asked the entire cost of the collection of rubbish, including mainten- ance, etc. CITY M S AGER :DIODES presented a report of the costs which amounted to (54,019.50. MAYOR CARRIGAN asked in regard to the opening of 21st and 31111 Avenue if it would be possible for the property miners in that area to get an injunction immediately. ATTORNEY CAMPBELL stated he did not think they could get an injunction, there would be the question whether the City has jurisdiction to file a condemnation action until the people have agreed by petition to start. If we do not acquire jurisdiction the City would have the right to file a condemnation action and start it immediately, the owner of the lend would be on notice then not to put any further improvements on the land. However, if the various people in the district did not proceed under the Street Opening Act the City would undoubtedly incur a liability to the owner of the land if they proceeded with the condemnation action and you might run into an estoppel. Without a policy established or determined by the people with- in the local area it would be inadvisable for the City to file the action. Mr. Gonzales has been given a letter from the 6/4 548 Engineer's Office stating the facts of the former petition and the probable street opening so in the event of a future condemnation it might have some weight with the jury. If the people want to have the assessment district, Mr. Campbell said he can outline the steps and give them the approximate length of time it gill take. The question would then be whether or not the Council would want a condemnation action to be filed immediately under an authority other than the Street Opening Act in order to formally prevent Mr. Gonzales from continuing. The Council would then have to weigh this factor, that if the people in the proposed district would change their minds the City might have a liability to proceed under the first condemnation action. After a lengthy dis- cussion MAYOR CAR.RIGAN suggested that the people think this matter over and if interested in picking up the tab, contact the City Attorney tomorrow end let him give you the proper steps to take. CITY CLERK ALSTON reported that the money has been deposited for the closing of •:0" Avenue between 7th and 8th Streets. ATTORNEY CAMPBELL stated it will have to be the first reading as the date for the hearing had to be changed. ORDINANTCE NO. , an ordinance of intention to vacate and close a portion of ;0" Avenue, was presented for the first reading. Moved by Ingalls, seeondeo by Hart, that only the heading be read. Carried, by the following vote to -wit: Ayes: Hart, Ingalls, McClure, Carrigan. Nays: None. ORDINANCE NO. , "AN ORDINANCE OF INTENTIOP TO VACATE AND CLOSE A PORTION OF A PUBLIC STREET, TO -WIT: A PORTION OF "0" AVENUE, IN THE CITY OF NL.TIONAL CITY, CALIFORNIA.' Moved by Hart, seconded by Ingalls, that the ordinance be laid over until the next meeting for the second and final reading. 6/4 549 Carried, by the foliating vote to -wit: Ayes: Hart, Ingalls, McClure,• Carrigan. Nays: None. THE APPOINTMENT OF A PLAT?NING COMMISSION MEMBER was presented. MAYOR CARRIGAN offered the name of Charles Campbell. Mr. Campbell was eontacted and said he would be very happy to serve. Moved by Hart, seconded by Ingalls, that Charles Campbell be appointed as a member of the Planning Commission for a term of four years. Carried, all Councilmen present voting aye. RECOMMENDATION OF CITY MANAGER RHODES to accent the sewer in National Vista No. 2 was read. It is recommended that the Council accept the sewer lines on 4°T" Avenue and one block on Beta Street between "T" and "U" Avenues. Moved by McClure, seconded by Hart, that the recommendation of the City Manager be accepted. Carried, all Councilmen present voting aye. COMMUNICATION FROM NATIONAL CITY EMPLOYEES/ ASSOCIATION in regard to overtime in the Police Department, was read. It is requested that action be taken as soon as possible regard- ing the accumulated overtime in the Police Department. Moved by Ingalls, seconded by Hart, that this be referred to the City Manager. COUNCILMAN HART said it should be taken into consideration that the Police and Fire Depts. are working Sundays and holidays. MAYOR CARRIGAN asked Mr. Hart to attend the discussion. Carried, all Councilmen present voting aye. COMMUNICATION FROM NATIONAL CITY TAXPAYERS ASSOCIATION was read, recommending that the geographic location in addition to the legal description be incorporated in the rezoning, zone variance, and any legal advertising. It is also urged 6/4 550 that steps be taken to add to Ordinance 750 a section which would give some protection to home owners through protest to indiscriminate rezoning and zone variances. A majority of persons in the affected area protesting should automatically outlaw any proposed change. MAYOR CARRIGAN said the re- commendation regarding the geographic location is very good. It is his suggestion that the Council accept the first re- commendation and hold the second one in abeyance. JAMES R. HARVEY, President of the Taxpayers Association was present, and asked what was wrong with the second recommendation. MAYOR CARRIGAN said he has never seen a law or rule of any kind but where there were extenuating circnnstances that would make it necessary to change it, and if you had that in an ordinance it would be impossible to change it without revamp- ing the ordinance each time. In nearly all cases the Council has listened to the majority of people and not the minority. MAYOR CARRIGAN stated the Council will accept the Taxpayers Association's recommendation with the added recommendation of the Council that a postscript be put on the card informing the people of the two hearings by the Planning Commission whereby they can make their formal protest or agreement to it, and thereafter they have the right of appeal to the Council. COMMUNICATION FROM GRAY, CARY, AMES and FRYE representing Pereira & Luckman on the claim of $17,736.80 for services rendered, was read. MAYO7 CARRIGAN requEsted this be referred to the City Attorney and City Manager. GRANT DEED from Charles J. and Harriet M. Anderson for street purposes, was presented. Moved by Ingalls, seconded by Hart, this be referred to the City Attorney to prepare the Resolut- ion accepting the deed. Carried, all Councilmen present voting aye. 6/4 551 PETITION from residents in National Vista No. 2 requesting two street lights, was road. They requested street lights on Clairmont Street between Division Street and Norfolk, also on Norfolk Street between Clairmont and Euclid. Moved by Ingalls, seconded by Hart, this be referred to the City Manager and Lighting Committee. Carried, all Councilmen present voting aye. INVITATION FROM FI2STA DE LA LUNA to participate in the parade, was read. The Fiesta will be celebrated on Tune 19th, 20th and 21st. The parade will be on Saturday, June 21st. MAYOR CARRIGAN suggested if any of the Council wish to go that they contact the City Clerk so she can make the necessary arrange- ments. RECOMMENDATION FROM CITY MANAGER RHODES on alley between "Fa and "G" and 15th and l6th Streets, was read. It was request- ed by the petitioners that the City restore and maintain an oiled surface along this alley. This is a dead end alley, unimproved and is the obligation of the property owner to pay for oiling it again. It is recommended that the communication be filed. MAYOR CLRRIGAIT requested City Manager Rhodes to write a letter to each of the people who signed the petition. COMMUNICATION FROM CITY MANAGER RHODES in regard to charges to Mrs. Borbon for rubbish collection, was read. It stated that Mrs. Borbon is now employed end will probably soon be able to make the necessary payments. In the meantime, however, continuing rubbish collection from her place. It is recommend- ed that the communication be filed. Moved by Ingalls, seconded by Hart, that the recommendation of the City Manager be accept- ed. Carried, all Councilmen present voting aye. RECOMMENDATION FROM CITY MANAGER RHODES for charges for the 6/4 552 Municipal Swimming Pool, was read. It is recommended that the Council adopt a scale of charges startins with the open- ing of the season June 1952, as follows: Children up to 11 years 15%; Juniors - 12 to 15 years 25%; Adults - 16 years and over 40%. Moved by Hart, seconded by Ingalls, that the recommendation Of the City Manager be accepted. Carried, all Councilmen present voting aye. COMMUNICATION FROM CITY MANAGER RHODES was read, regarding a bill from Walter H. Barber which is for a portion of the work accomplished on the Seventh Street Channel Se.;er job. It is recommended that fir. Farber be paid a prowess payment of $7,385,47, as shown on the bill. CITY CLERK ALSTON stated this bill is included on the warrant register. Moved by Ingalls, seconded by McClure, that the recommendation of the City Manager be approved. Carried, all Councilmen present voting aye. BILLS AUDITED by the Finance Committee presented: General Fund $1,566.36 Traffic Safety Fund 542.42 Park Fund 619.98 Harbor Fund 1,173.22 Trust & Agency Fund 1,889.60 Capital Outlay Fund 7,385.47 Payroll Fund 17,544.96 TOTAL $36,722,01 Moved by Ingalls, seconded by McClure, that the bills be allowed, with the exception of the Capital Outlay, and warrants ordered drawn for same. Carried, by the following vote to -wit: Ayes: Hart, Ingalls, McClure, Carrigan. Nays: ?Tone. RESOLUTION NO. 5703 was read, authorizing the following ex- penditure for capital asset be paid from the Capital Outlay Fund: Walter H. Barber for sewers, $7,385.47. Moved by Ingalls, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. 6/4 553 COMMUNICATION FROM CITY MANAGER RHODES was read, stating that attached hereto is a copy of a letter written to Mr. Campbell giving City owned property together with the appraisals there- on. Most of these properties should be sold as soon as the City can get clear title. Moved by Ingalls, seconded by Hart, that whatever money is necessary be spent to clear the title on this property. Carried, all Councilmen present vot- ing aye. RESOLUTION NO. 5704 was read, authorizing the distribution of $37,656.17 from the Unapportioned Tax Fund as follows: General Fund, $15,975.35; Library Fund, $5,134.93; Park M & I Fund, $5,705.48; ^etirement Fund, $9,585.21; Sinking Fund No. 6, $1,255.20. Moved by Ingalls, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5705 was recd, authorizing the transfer of the following sums to the General Fund as repayment for the balance of loans evidenced by Resolution No. 5625; from the Retirement Fund, $1,844.42; from the Park Fund, $2,541.59. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5706 was read, transferring the sum of $735.63 from the Special State Gas Tax Improvement Fund to the Traffic Safety Fund. Moved by Hart, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. ( ATTORNEY CAMPBELL reported that the insurance policy in the sum of $44,000.00 which was presented at the last meeting is approved as to form. ATTORNEY CAMPBELL reported that the certificate of insurance 6/4 564 by Tarter, Webster & Johnson is approved as to form. Moved by Ingalls, seconded by McClure, that the certificate of insurance be accepted. Carried, all Councilmen present vot- ing aye. RESOLUTION NO. 5707 was read, approving Amendment No. 1 to the Agreement for Maintenance of State Highway in the City of National City, dated August 1, 1950, and the Mayor and City Clerk are hereby directed to sign the same on behalf of said City. Moved by Ingalls, seconded by McClure, that the Resolut- ion be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5708 was read, permitting the Ltchison, Topeka & Santa Fe Railway Company to construct, maintain and operate a spur track on Harrison Avenue, National City. This permit is granted on condition that the Railway Company shall pay the City the sum of $25.00 a year for each year that this permit remains in effect, provided further, that this permit is revocable at the will of the City Council of the City of National City. Moved by Hart, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL stated City Manager Rhodes has informed him that "Materials and Supplies,' under Sewer budget is short, and he would like the transfer of $500.00 to Sewer 522, sub- head B2, ern it would be possible to take that amount from the Engineer's budget 512 Al. Moved by Ingalls, seconded by Hart, that the transfer be made. Carried, by the following vote to-wgt: Ayes: Hart, Ingalls, McClure, Carrigan. Nays: None. ATTORNEY CAMPBELL reported there is $3,650. that the City should deposit for the Dawson property to complete the terms 64 555 of the escrow, and if it meets the Council's annroval you can direct that a voucher be drawn. Moved by Ingalls, seconded by McClure, that a voucher be drawn in the amount of $3,650. for the purpose specified. Carried, by the following vote to -wit: Ayes: Hart, Ingalls, McClure, Carrigan. Nays: Alone. RESOLUTION NO. 5709 was read, authorizing City Manager, F. A. Rhodes, to sign the necessary escrow papers and tax affidavits to convey the -property ':o James and Mary Dawson. Moved by Hart, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting eye. ATTORNEY CAMPBELL requested that the Enterprise Construction Company hearing be continued until July 1, 1952. Moved by Ingalls, seconded by McClure, that the hearing be continued, as requested. Carried, all Councilmen present voting aye. RESOLUTION NO. 5710 was read, authorizing the Mayor and City Clerk to execute and deliver to the County of San Diego an easement to the County of San Diego for a public highway upon, over and across the land situated in the City of National City, described as a portion of the E2 of 40 Acre Lot 2, Quarter Section 134, Rancho de la Nacion. Moved by Ingalls, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION N0. 5711 was read, authorizing the local agency to submit a supplemental struction of a public Finance requesting an $91,876.00 previously as may be allotted by application for State aid for the con - works project to the Director of allotment of $4,817.25, in addition to allotted, or an allotment of such amount the State Allocation Board. The local agency hereby certifies that the total estimate of cost to 6/4 556 be paid for the construction of trunk line sewers and pumping plant for which local agency is making application is $323,502.17; Local agency hereby requests the State to pay the Status share of the total actual cost of the construct- ion of the project to which local agency is making application for aid. Fred Rhodes, City Manager, is designated as the authorized agent to sign the mentioned application of local agency and to submit the same to the State Director of Finance, together with a certified statement of the total estimated cost to be paid for the construction of the project herein mentioned, or such other information as may be required. Said authorized agent is further authorized and directed as re- presentative of local agency to conduct all negotiations and conclude all arrangements, with either the State Allocation Board or the Director of Finance, including request for pay- ment of the State's share of the cost of the construction of the aforesaid public works project. Resolution No. 5687 adopted April 15, 1952, is hereby rescinded. Any and all applications for this project prior to April 15, 1952, and Resolutions authorizing payment are hereby superseded. Moved by McClure, seconded by Hart, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESOLUTION NO. 5712 was read, accepting that certain ilhange Order "C", dated June 2, 1952, a copy of which is attached hereto, amending a certain Contract NOy (U) 22039 between the United States Government and the City of National City. Maurice Carrigan, Mayor of the City of National City, is hereby authorized and directed to execute the same for and upon behalf of said City. Moved by McClure, seconded by Ingalls, that the Resolution be adopted. Carried, all Councilmen present voting aye. 6/4 557 RESOLUTION NO. 5713 was read, authorizing the submitting of a bid form for the collection of trash and garbage in Navy Homoja Housing Froject No. 1 for one year commencing July 1, 1952, to the United States of America Civil Engineer Corps of the United States Navy at San Diego. Combined unit rate per month for the collection of both trash and garbage to be bid at $1.00 per unit. F. A. Rhodes, City Manager, is hereby authorized and directed to complete and exacute said bid form. Moved by Hart, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. RESIGNATION OF COU:'CILMAN CLARKE was read, stating that because of his health it is necessary that he resign as City Council- man, resignation to take effect immediately. Moved by Hart, seconded by McClure, that the resignation be accepted, and that a letter be written expressing the Council's regret and offering their thanks for what he has done. MAYOR CARRIGAN stated he would like to have included in the letter that is sent him that he be invited to sit in with the Council as an honorary Councilman for the balance of the term. He has done a good job and we are sorry to see him leave. Carried, all Councilmen present voting aye. REPORT FROM THE PLANNING COMMISSION, dated May 14th, was read, recommending a conditional exception to Mrs. Margaret James, at 1430 E. 24th Street, for an apartment house of four units, The Plannins Commission recommended that the zone variance be granted for four apartments for the remaining portion of 1952, providing it 1s brought up to the require- ments of the Building Code and Health and Safety code, and certain other stipulations as required by the Commission. Petitioner is to make new application for a zone variance with the Planning Commission in January 1953. MAYOR CARRRIGAN 6/4 558 stated he cannot see any reason for an R-4 zone out that far on 24th Street, The property across the street on which a zone variance was granted for the use of the Episcopal School has a for sale sign on it. COUNCILMAN INGALLS stated he checked in this regard and was informed by Rev. Hammett that there is no question about the original operation as the School would open in September. Moved by Hart, seconded by McClure, that this be held over until the next meeting for study. Carried, all Councilmen present voting aye. ATTORNEY CAM'S ELL reported that an application for conditional exceptinn was made for Rancho Terrace No. 1, excepting Lots 40 to 43 inclusive, requesting a change from an R-1-A to an R-1. The Planning Commission recommended that the conditional exception be granted. RESOLUTION NO. 5714 was read, granting a special zone variance permit to Harry L. Williams for a change from an R-1-A zone to an R-1 zone on property described as Rancho Terrace No. 1, excepting Lots 40 to 43 inclusive. Moved by Hart, seconded by McClure, that the Resolution be adopted. Carried, all Councilmen present voting aye. ATTORNEY CAMPBELL reported that an application for conditional exception was made by Glenn Pearson on the property to be occupied by Fuller Motors. This property should be changed from an R-4 to a C-3 zone. The Planning Commission recommend- ed this exception be granted. RESOLUTION NO. 5715 was read, granting a special zone variance permit to Glenn Pearson for C-3 use on Lots 11 to 20 inclusive, and Wi of "A" Ave., closed adjacent thereto, and the Si of 14th Street, closed adjacent thereto, and the 1 of alley, closed aa'acent thereto, of Block 1, Subdivision of 10 Acre 6/4 559 Lot 7, Quarter Section 154. Moved by Hart, seconded by McClure, that the Resolution be adopted. Carried, all Council- men present voting aye. MAYOR CARRIGAN stated that sometime ago Clifford Reed asked that the Council accept his resignation from the Disaster Council and this has never been taken care of, and he thought it should be et this tine. Mr. Reed is willing to cooperate in every way. Moved by Hart, seconded by Ingalls, that the resignation of Clifford W. Reed Sr., Civilian Defense coordinator, be accepted, with regrat. Carried, all Councilmen present voting aye. COUNCILMAN HART stated it was his understanding that the property owners should nay for removal of any rubbish that is not bundled or in containers; also for grass burned by the Fire Department. Mr. Hart would like these items checked into and find out whether the City is being paid for this service or whether some are receiving special privileges. COUNCILMAN HART stated he thought the City should obtain a Pistol Range for the Policemen. We have been using the San Diego Range end there is a good spot on the tidelands that might be used for this purpose. Moved by Ingalls, seconded by McClure, that Police Commissioner Hart, and City Manager Rhodes be appointed a committee of two to inspect the tidelands and come beck at the next meeting with a definite location. Carried, all Councilmen present voting aye. MRS. S. J.,KODISH was present and stated that the property on E. 24th Street was checked by more than three people and the realtor informed each person that the property was for sale to anyone who wanted to purchase it. Mrs. Kodish said she brought up whether the realtor should be notified that the variance was 6/4 560 only for the operation of the Country Day School, and she was informed that it was not the City's affair. If that property is sold to someone else with that impression it will be pretty hard then to do anything about it unless action is brought against the realtor who sells it. If we spot zone in an area like that where three or four people have old buildings then we should do the same thing in an R-1-S zone such as 011vewood Terrace where there are violations in R-2 housing and c,-4 usage, but the Planning Commission does not see fit to check into those things. This would seem to require Police action. MAYOR CARRIGAN said he agrees that there is a lot of R-2 usage in R-1 zones, and R-4 usage in R-2 zones. ATTORNEY CAMPBELL stated you cannot make a zoning ordinance retroactive but you can prevent the use from spreading. MAYOR CARRIGAN suggested this be referred to the City Manager, City Attorney, Police Chief and Building Inspector. ,TAMES R. HARVEY asked if the Council did not think there should be a policy set up by the Planning Commission for the protection of anyone in an R-1 zone. He was at a Planning Commission meeting and they told him that the amount of people affected does not count, it Is what the Commission thinks is best for that district. That seems very un-democratic. It should be the duty of the Council to see that the property owners of any given area should have some protection. COUNCILMAN HART said he believed that Mr. Harvey would find that in most cases if the majority of people are opposed to a zone variance being granted, even if the Commission has recommended it be granted, that the decision is reversed by the Council. Moved by Hart, seconded by Ingalls, that the meeting be closed. Carried, all Councilmen present voting aye. MAY04, CITY OF NATION CITY ALIFORNIA ATTEST: CITY CLERK 6/4